Odd question. (Non-Res Loopholes)

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Thread: Odd question. (Non-Res Loopholes)

  1. #1
    Member Array titleist's Avatar
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    Odd question. (Non-Res Loopholes)

    If you are not eligible to get a permit in your home state, but are eligible for another state's permit...
    1- Will the state issue a non-resident permit even if you are not eligible in your home state.
    2- If the non-resident permit state has reciprocity with your own state, can you use a non-resident permit to carry in your home state, even though ineligible to get a resident permit locally?

    If the question doesn't make sense, tell me and I'll try to rephrase.
    Thanks guys! (A while back I posted a thread about a friend with a public intox charge that disqualifies for 3 years, but is not a disqualifier for a Texas permit, so will Texas issue a non-res to him, and can it be used in VA all the same?)

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    Senior Member Array luvmyglock's Avatar
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    Most states have similar, if not identical, requirements for a permit. The only factor that generally changes is the age requirement. Now obviously that does not necessarily apply to your specific situation, as you claim that the public intox is not a DQ for TX. I would be more concerned about what the law says regarding being a resident, and using a non-resident permit issued while a resident in the state. Seems to me that if you have legal residency in the state, you would be required to carry a resident permit in that state. This is going to change state to state, and quite honestly I can't find anything about it in TX or VA Penal Codes. I would strongly suggest your friend speak with a lawyer or the state attorney's office if he is unable to afford a lawyer. These are the types of situations that start a certain type of storm, if you know what I mean...
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    Member Array titleist's Avatar
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    Friend v. Commonwealth of Virginia

    hehe

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    JD
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    Some states like PA require a person applying for a non-res permit to hold a valid CCW/LTCF in their home state, Texas apparently does not.

    See THIS PAGE for more details regarding TX requirements.

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    Senior Member Array rljohns's Avatar
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    That's exactly why CO decided to not honor a non-res in CO.

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    Member Array titleist's Avatar
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    In all fairness, a Texan could come to VA with the same charges on their record and VA wouldn't care, but they say "no" if a resident wants to carry? Seems like they should either only acknowledge states that have the same requirements, or let residents use out of state licenses.

    P.S. Did y'all see the US swim team DESTROY the world record for the 800m relay?

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    Member Array MountainPacker's Avatar
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    Quote Originally Posted by rljohns View Post
    That's exactly why CO decided to not honor a non-res in CO.
    No it isn't. Colorado doesn't honor non-res permits because Rep. Moore, who sponsored it, fought the CWP law in the beginning and this was a way to reduce it.

    The stated goal was to make CO residents get a CO permit, but it was intentionally worded the way it was because it would eliminate the residents of half the states from carrying here. I personally pointed out this over stepping of its stated goal to him, and he was quite happy the way it was. He did, however, take my suggestion and amend his heinous bill to allow for a 90 grace period when moving to the state to give you time to get a CO permit.

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    Quote Originally Posted by JD View Post
    Some states like PA require a person applying for a non-res permit to hold a valid CCW/LTCF in their home state, Texas apparently does not.

    See THIS PAGE for more details regarding TX requirements.
    FL does not...
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    Member Array titleist's Avatar
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    Short of contacting the county DA, is there any way to find out if you can use a non-res with reciprocity as a resident? I guess there are very few circumstances where it might be necessary, which is another reason why I think the legislators might have let this one slip between the cracks.

    Thanks for the input, keep it coming if there are any more thoughts on this.

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    Senior Member Array Al Lowe's Avatar
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    Quote Originally Posted by titleist View Post
    Short of contacting the county DA, is there any way to find out if you can use a non-res with reciprocity as a resident? I guess there are very few circumstances where it might be necessary, which is another reason why I think the legislators might have let this one slip between the cracks.

    Thanks for the input, keep it coming if there are any more thoughts on this.
    I'd check with USA Carry - Concealed Firearm Information and Resources and see what they have. Their state pages usually have links to the official state websites as well.

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    JD
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    Quote Originally Posted by titleist View Post
    In all fairness, a Texan could come to VA with the same charges on their record and VA wouldn't care, but they say "no" if a resident wants to carry? Seems like they should either only acknowledge states that have the same requirements, or let residents use out of state licenses.

    P.S. Did y'all see the US swim team DESTROY the world record for the 800m relay?

    One would hope that they all did it the same, but that's soooo not the case, the states just do things differently.

    Quote Originally Posted by titleist View Post
    Short of contacting the county DA, is there any way to find out if you can use a non-res with reciprocity as a resident? I guess there are very few circumstances where it might be necessary, which is another reason why I think the legislators might have let this one slip between the cracks.

    Thanks for the input, keep it coming if there are any more thoughts on this.
    Sure, read the actual laws.

    Quote Originally Posted by Al Lowe View Post
    I'd check with USA Carry - Concealed Firearm Information and Resources and see what they have. Their state pages usually have links to the official state websites as well.
    Look below.

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    JD
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    I'm guessing this is what the hang up is:

    An individual who has been convicted of a violation of 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to 4.1-333.

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    VIP Member Array NCHornet's Avatar
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    Most states require you to obtain a DL of that state so many days after taking uo residency there. You can't live here for a year and still use a DL from the state you lived previously. I would assume and I realize what that means, that the same would apply here. This is one I would talk to a lawyer about, or the local DA.

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    JD
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    Code of Virginia: 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.


    P. A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and (ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.

    Looks like your buddy is screwed. The way that reads to me is that if he us unable to obtain a VA permit, he can't carry under an out of state non-res permit.

  16. #15
    Senior Member Array Al Lowe's Avatar
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    Some states have enacted laws that prevent citizens of their states from carrying on an out of state permit, when they don't qualify for one in their home state.

    I guess the question is, for the original poster, what state does your friend live in?

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