Reguarding Residency Requirement

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anthonyorr
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Reguarding Residency Requirement

Post by anthonyorr »

I am in the Army and havent actually lived in Ohio in over 11 years. My question is will I have to go through the extra background checks since it has been so long since I have actually lived there? I would think that I would have to but was just wondering if anyone had any insight on this.

Anthony
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Re: Reguarding Residency Requirement

Post by JediSkipdogg »

Yes, you have to do the full FBI check as well to the BCI.
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Re: Reguarding Residency Requirement

Post by cashman966 »

According to 2923.125(D)(1)(a)(i) If you were in the service that whole time and were a resident of Ohio when you joined you should not have to have a FBI background as you will still be considered a resident of Ohio.
2923.125(D)

(1) Except as provided in division (D)(3) or (4) of this section, within forty-five days after a sheriff's receipt of an applicant's completed application form for a concealed handgun license under this section, the supporting documentation, and, if not waived, the license fee, the sheriff shall make available through the law enforcement automated data system in accordance with division (H) of this section the information described in that division and, upon making the information available through the system, shall issue to the applicant a concealed handgun license that shall expire as described in division (D)(2)(a) of this section if all of the following apply:

(a) The applicant is legally living in the United States, has been a resident of this state for at least forty-five days, and has been a resident of the county in which the person seeks the license or a county adjacent to the county in which the person seeks the license for at least thirty days. For purposes of division (D)(1)(a) of this section:

(i) If a person is absent from the United States, from this state, or from a particular county in this state in compliance with military or naval orders as an active or reserve member of the armed forces of the United States and if prior to leaving this state in compliance with those orders the person was legally living in the United States and was a resident of this state, the person, solely by reason of that absence, shall not be considered to have lost the person's status as living in the United States or the person's residence in this state or in the county in which the person was a resident prior to leaving this state in compliance with those orders, without regard to whether or not the person intends to return to this state or to that county, shall not be considered to have acquired a residence in any other state, and shall not be considered to have become a resident of any other state.
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Re: Reguarding Residency Requirement

Post by JediSkipdogg »

What are "orders"? Keep in mind I only know about 2% military since I was ineligible to serve, but I would think if he's been stationed somewhere else in the United States for the last 11 years, then those aren't necessarily orders. Maybe I'm wrong, but for one, he'd have to prove that he has those orders.

Maybe someone more military smarts than me could chime in more on the meaning or Anthony can fill us in on his living situation of where and why.
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Re: Reguarding Residency Requirement

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JediSkipdogg wrote:What are "orders"? ... I would think if he's been stationed somewhere else in the United States for the last 11 years, then those aren't necessarily orders.
If the OP was a member of the armed forces and was stationed at a particular military base, he was under military orders to do so. Being able to prove that is easy - he would have a copy of those orders, and they would be a part of his military records. The bigger question is whether or not the OP maintained his state of residency as Ohio during this time.
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Re: Reguarding Residency Requirement

Post by Ray »

JustaShooter wrote:
JediSkipdogg wrote:What are "orders"? ... I would think if he's been stationed somewhere else in the United States for the last 11 years, then those aren't necessarily orders.
If the OP was a member of the armed forces and was stationed at a particular military base, he was under military orders to do so. Being able to prove that is easy - he would have a copy of those orders, and they would be a part of his military records. The bigger question is whether or not the OP maintained his state of residency as Ohio during this time.
If he lived in Ohio when he went into the service, then he is considered an Ohio Resident the entire time he in the Military. This I know from when my brother was in the Army..............

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Re: Reguarding Residency Requirement

Post by JediSkipdogg »

Ray wrote:
JustaShooter wrote:
JediSkipdogg wrote:What are "orders"? ... I would think if he's been stationed somewhere else in the United States for the last 11 years, then those aren't necessarily orders.
If the OP was a member of the armed forces and was stationed at a particular military base, he was under military orders to do so. Being able to prove that is easy - he would have a copy of those orders, and they would be a part of his military records. The bigger question is whether or not the OP maintained his state of residency as Ohio during this time.
If he lived in Ohio when he went into the service, then he is considered an Ohio Resident the entire time he in the Military. This I know from when my brother was in the Army..............

Ray
But what if he was say stationed at say Fort Bragg, NC? Then he went and got a North Carolina driver's license so he didn't have to come back to Ohio every few years to renew that.

This is a tricky one and I think some sheriff's may accept it and some won't. Since I doubt (he may) have orders from 11 years ago, how hard are those to get out of his military personal file?
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Re: Reguarding Residency Requirement

Post by JustaShooter »

Ray wrote:
JustaShooter wrote:
JediSkipdogg wrote:What are "orders"? ... I would think if he's been stationed somewhere else in the United States for the last 11 years, then those aren't necessarily orders.
If the OP was a member of the armed forces and was stationed at a particular military base, he was under military orders to do so. Being able to prove that is easy - he would have a copy of those orders, and they would be a part of his military records. The bigger question is whether or not the OP maintained his state of residency as Ohio during this time.
If he lived in Ohio when he went into the service, then he is considered an Ohio Resident the entire time he in the Military. This I know from when my brother was in the Army...
I wasn't sure if that was still the case - my knowledge of things military is 30+ years out of date.

Edit: Did a little Googling and what you are referring to is "Home of Record" and may or may not be the legal state of residency while the OP was in the military. See http://usmilitary.about.com/cs/military ... record.htm" onclick="window.open(this.href);return false; for an informative article.
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Re: Reguarding Residency Requirement

Post by JustaShooter »

JediSkipdogg wrote:
Ray wrote:
JustaShooter wrote:If the OP was a member of the armed forces and was stationed at a particular military base, he was under military orders to do so. Being able to prove that is easy - he would have a copy of those orders, and they would be a part of his military records. The bigger question is whether or not the OP maintained his state of residency as Ohio during this time.
If he lived in Ohio when he went into the service, then he is considered an Ohio Resident the entire time he in the Military. This I know from when my brother was in the Army..............

Ray
But what if he was say stationed at say Fort Bragg, NC? Then he went and got a North Carolina driver's license so he didn't have to come back to Ohio every few years to renew that.

This is a tricky one and I think some sheriff's may accept it and some won't. Since I doubt (he may) have orders from 11 years ago, how hard are those to get out of his military personal file?
Not tricky at all. If the OP did not change his legal state of residency (or changed it then changed it back at least 5 years ago) then he is fine, and any Sheriff that does not allow that is not following Ohio law. As far as records go, that won't be a problem even if the OP does not still have copies. The military will undoubtedly be able to provide anything he needs.
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Re: Reguarding Residency Requirement

Post by sodbuster95 »

I thought I responded to this, but I guess not...

Anyway, if you were a resident of Ohio when you joined, then you are still a resident of Ohio. This assumes no breaks in service where you resided outside the state and that you did not change your residency while a member of the armed forces. The easiest "informal" test is whether or not you filed Ohio income tax returns while you were (are) on active duty.
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Re: Reguarding Residency Requirement

Post by JediSkipdogg »

sodbuster95 wrote:I thought I responded to this, but I guess not...

Anyway, if you were a resident of Ohio when you joined, then you are still a resident of Ohio. This assumes no breaks in service where you resided outside the state and that you did not change your residency while a member of the armed forces. The easiest "informal" test is whether or not you filed Ohio income tax returns while you were (are) on active duty.
I'm mainly trying to educate myself on this now.... so if I lived in Ohio, got orders to go to another state, sold everything I had in Ohio and removed all connections with Ohio, I'm still an Ohio resident? How does one "change" their residency while in the military?
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Re: Reguarding Residency Requirement

Post by sodbuster95 »

JediSkipdogg wrote:
sodbuster95 wrote:I thought I responded to this, but I guess not...

Anyway, if you were a resident of Ohio when you joined, then you are still a resident of Ohio. This assumes no breaks in service where you resided outside the state and that you did not change your residency while a member of the armed forces. The easiest "informal" test is whether or not you filed Ohio income tax returns while you were (are) on active duty.
I'm mainly trying to educate myself on this now.... so if I lived in Ohio, got orders to go to another state, sold everything I had in Ohio and removed all connections with Ohio, I'm still an Ohio resident? How does one "change" their residency while in the military?
This is based on the Servicemember's Civil Relief Act and not state law. In essence, the SCRA requires a military member to declare their state of legal residency upon enlistment and allows them to maintain that "state of legal residency" regardless of continuing contacts with the state. At this stage, most service members have no idea that this is what they are doing. The state is generally (but is not required to be) the same as their home of record at enlistment. Technically speaking, the state of legal residency is wherever the service member "intends" to reside at the end of their enlistment (this is why it does not always correspond with the home of record).

As such, an Ohio resident, upon enlistment, has the "option" of maintaining Ohio as their legal residency for the duration of their enlistment whether or not they ever again step foot in the state during their enlistment. I put option in quotes as most inductees will simply default to the state they are enlisting from. There really is no "proof" required to demonstrate this legal residency as it is based on this nebulous "intention" requirement. However, the home of record address on a DD-214 should serve as prima facie evidence of the state of legal residency.

To change your residency while in the service, you can do any of the things one might normally do when moving if you weren't in the military including getting a driver's license, registering to vote, paying taxes, etc. However, doing these things does not *have* to change the state of legal residency; it's merely an indication of intent. There is also a form one can fill out declaring the intent to change, but that is really geared more toward pay purposes than it is a legal statement of intent.

Unless Ohio tax law has changed (and I admit that I am not current on Ohio tax laws on this topic), a service member is required to continue to file (and pay) state income taxes unless or until they legally change their residency. As such, in practical terms, the easiest way to change your state of legal residency is to simply file taxes in another state (that you are physically present in with the intent to remain - just like anyone else).
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Re: Reguarding Residency Requirement

Post by JediSkipdogg »

Thanks sod and makes a lot of sense. One followup though, you say obtaining a driver's license can be a change of residency, but it's not a guarantee? Am I reading that correctly. So even if one says obtains a license in North Carolina, they can still be considered an Ohio resident? Their "being in the military" can override all other thoughts when it comes to determining true residency?
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Re: Reguarding Residency Requirement

Post by anthonyorr »

First let me say thank you for all the information everyone. And I noticed that I wasn't 100% clear, yes I have maintained Ohio as my legal residence the entire time that I have been in the Army. Also I do have copies of all of my orders sending me to different duty stations.

Anthony
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Re: Reguarding Residency Requirement

Post by anthonyorr »

Ray[/quote]

But what if he was say stationed at say Fort Bragg, NC? Then he went and got a North Carolina driver's license so he didn't have to come back to Ohio every few years to renew that.

This is a tricky one and I think some sheriff's may accept it and some won't. Since I doubt (he may) have orders from 11 years ago, how hard are those to get out of his military personal file?[/quote]

I do have copies of every set of orders in regards to all the different states/countries that I have been stationed, and I do still maintain an Ohio drivers license.
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