Does one liscence trump another...what are my requirements

Discussion in 'General GWL Questions' started by vooduchikn, Dec 29, 2010.

  1. vooduchikn

    vooduchikn New Member

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    So I have searched, and I haven't found the answer I am looking for.

    Background:
    Active duty Navy
    Utah CCW
    Texas CCW
    TX DL

    Wife:
    LA CCW and LA DL

    Where do I fall? Which do I use? I will get my GWL after I get there and she will after establishing residency.

    This is what I think (please tell me if I am wrong) until I get my GWL
    ME:
    OC - Active duty military ID -- GA only.
    CC- Utah or TX CCW (in case I cross borders into FL)

    Her:
    CC only under LA CCW until she gets GWL

    Thanks...going blind reading the statutes.
     
  2. Deek

    Deek Active Member

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    Active military in GA means you can carry anywhere a Peace Officer can carry. Whether concealed or openly carried is entirely your decision. TX CCW is honored in GA, but again, I'd just use my military ID in your shoes.

    Your wife would be limited to OC of a long rifle if she is determined to be armed. OC or CC of a handgun in this state requires either active military, law enforcement, or GWL/reciprocated license from another state. GA does not reciprocate CA CCW license. However a resident of this state can carry in any manner they like in their own vehicle as long as they are eligible for a GWL (IE no felonies, recent drug convictions, etc...).

    Hope that cleared some things up for you.
     

  3. vooduchikn

    vooduchikn New Member

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    She has a LA CCW, not CA...
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Once you become a Georgia resident (that instant) your out-of-state license is no longer valid for you. Reciprocity ends. But you can then apply for your GWL in Georgia, and the only time you would be without a carry permit would be during the time (a few days to several weeks) it takes the County to process your paperwork and issue you a license.

    See Code section 16-11-126 (e):
    Any person licensed to carry a handgun or weapon in any other state
    whose laws recognize and give effect to a license issued pursuant to this part
    shall be authorized to carry a weapon in this state,
    but only while the licensee is not a resident of this state


    ..
     
  5. RecoveringYankee

    RecoveringYankee New Member

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    gunsmoker. With regard to your statement that the instant you become a resident, your out of state license is not longer accepted in Georgia... I know that is true, but what are the requirements for residency?

    You have 30 days, I believe, to get a drivers license. You might not register to vote immediately. You might not pay taxes immediately, although you may have to back date that.

    Just what constitutes "establishing residency," and how long do they have before that kicks in and the OP's wife can no longer carry?
     
  6. GAGunOwner

    GAGunOwner Active Member

    In practical terms its once you have a GA DL/ID.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    When does a person establish residency in a state?
    There is no single answer that will apply to all situations. The answer for income tax purposes may be different than the answer for civil procedure jurisdiction analysis, and both of those may be different than the "residency" standards for getting a driver's license or qualifying for in-state tuition at college.

    Generally, you are a resident of the place you move to as soon as you move there AND form an intent to stay there and make that your new residence. And since courts can't read your mind, your "intent" will have to be shown with evidence of what you said, what you did, with all reasonable inferences that could be drawn from those words and deeds.
     
  8. ookoshi

    ookoshi Moderator

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    LA = Louisiana. Last time I checked, Los Angeles wasn't a state :D. Her CCW is valid in Georgia.

    To answer the OP, Just use your military ID until you establish residency and get a GWL. Keep your Texas or Utah CCW on you as well in case you travel to adjacent states.
     
  9. phantoms

    phantoms Senior Mumbler

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    I fixed it for. As to whether it's still good in Louisiana and it's reciprocity states, it depends on Louisiana laws and the laws of those reciprocating.

    Georgia residents can only carry on a Georgia permit unless they meet one of the carry exemptions. And they do not have to surrender their other state permits in GA (recent Effingham Co./FL permit post comes to mind).
     
  10. phantoms

    phantoms Senior Mumbler

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    Many Counties determine it differently. Some a DL (or even a Temp DL) is good enough, some 30 days, some 90 days, etc.

    The law regarding applying for a GWL (16-11-129) does not state resident, it states to any person whose domicile is in that county. The law regarding carrying (16-11-126) states you can not carry on reciprocity if you are a resident (as gunsmoker pointed out).

    So to get technically you could apply for a permit in a Georgia County as soon as you moved in (domicile) and carry for 30 days on reciprocity because they don't consider you a resident for that long, but good luck with that. The word domicile can be interpreted different ways. As a place you've your home or as a status of residency.
     
  11. vooduchikn

    vooduchikn New Member

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    Well as active duty, As I understand it, I am not required to get a new DL nor is my wife as we are only going to be stationed there for 3 years. Would this make us non-residents the entire time we are there unless we get a GA DL?

    I don't see that getting a GA DL will be that difficult for either of us and GWL is the way to go.

    Thanks for the responses.
     
  12. gruntpain1775

    gruntpain1775 New Member

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    If he is coming to GA as Active Duty (being stationed in GA) then neither he nor his wife will have to be a "resident" to get a GFL. Both are considered "residents" so long as he is on orders and stationed there. He, nor his wife, give up their residency from their state of origin either, unless they change their home of record through the military.

    In other words, they are dual residents.