Search found 3 matches

by ELB
Mon Dec 21, 2009 10:56 pm
Forum: General Texas CHL Discussion
Topic: -----
Replies: 16
Views: 2468

Re: Advice on military PCS for 2 years

bburgi wrote:Just an update - my orders and timetable got bumped up considerably. The family and I are now headed to Ft. Rucker the first week of January. I went ahead and took my renewal class this past Sunday, and I'm changing our DL's and my current CHL to reflect my parent's house as our permanent address since we'll only be in AL temporarily. I'm going to sit on this paperwork until I'm within my renewal window, then mail it in for the new card.

Good luck and have fun. Best wishes to your family!
by ELB
Tue Oct 27, 2009 7:40 pm
Forum: General Texas CHL Discussion
Topic: -----
Replies: 16
Views: 2468

Re: Advice on military PCS for 2 years

XtremeDuty.45 wrote:Not trying to hijack but I have a similar question.

I have been stationed in TX for the last 4 years. I can be PCS'd at any time.

My home of record is MO.

I have a TX DL and CHL.

If I PCS out of state am I able to keep my CHL?

:patriot:
IANAL and all that, but basically, forget HOR for the moment. Here's what I picked up over the years. If you are a Texas resident, you should be able to keep all your Texas "perks." AFAIK there is no one single test for residency, it's just where you have decided is your main state of residence, even if the military sends you to far off lands. You prove this by doing things that indicate your residence, e.g. getting a local DL, registering to vote, and maybe most importantly...where do you file state income tax, if any? (and does your LES show state taxes withheld?)

I don't know if Missouri has a state income tax, but if so, and you have been filing MO taxes, I think most would consider you still resident of Missouri -- especially Missouri. That would, I think, make it a problem to retain a TX DL and CHL. However, if you have made Texas your place of residence, then you should have told Accounting and Finance that your new state of residence is Texas, had them stop taking out Missouri tax from your pay, and filed one last state tax return for whatever the last year of residence you had in Missouri. If you haven't changed your state tax with-holding, hustle down to Accounting and Finance (or you can probably do it online these days) and change it pronto. And then make sure you file a final tax return with Missouri - they may have special tax return for indicating that this is your last one. (Don't neglect this -- a fellow officer once found out Indiana had arrest warrants out on him for failure to pay income tax for several years after he PCS'd to Texas. In his mind he was a Texas resident and stopped paying Indiana. Indiana thought otherwise. Took some paperwork to straighten it out.)

I suppose it is also possible you can just change your resident CHL to a non-resident CHL, but I would recommend staying with Texas residency -- unless you go to Alaska...

Once again, I am not a lawyer, or a tax accountant, or anybody you should listen to blindly. I am just a guy who learned a couple things banging around in the the USAF. Check it out for yourself.
by ELB
Tue Oct 27, 2009 5:17 pm
Forum: General Texas CHL Discussion
Topic: -----
Replies: 16
Views: 2468

Re: Advice on military PCS for 2 years

You should have no problems remaining a Texas resident while PCS to Ft Rucker. Maintain your DL, CHL, and voter registration here. Use your parents' address as your Texas residence address. (Don't forget to change your DL and CHL and voter registration to their address -- you only have 30 days after moving to do this for your CHL, not sure on the DL. I'd do it well ahead of time). Your state of residence for tax purposes, DL, and all that is different from your "Home of Record," which is where you enlisted from. HOR is a military term for the military bureaucracy, and it stays the same throughout your career -- there are some military bennies that are pegged to it, such as the range of your last PCS move when you retire from the military. BTDT.

As for renewing your CHL, check with DPS first -- I don't see any outs for PCS military in the statute (for example, some states extend the DL expiration to your return plus 6 months), but I haven't looked everywhere.

However, time-wise, it looks like you could might be able to complete your renewal paperwork prior to your PCS, and then just mail it in when you hit 180 days from your expiration. The CHL law requires your class and handgun proficiency certificate to be within 6 months of your application date (NOT expiration date). The earliest your application can be submitted is 6 months (DPS counts 180 days, not calender months) prior to your expiration date. For you, it appears your expiration date means the earliest you can apply for a renewal is in April 2010, just after you sell your house (and I assume you are also moving in March. If you move later, even better). So you could attend a renewal course any time from (to be safe) November 2009 on.

As far as the fingerprints and all that other stuff goes, I don't see any time frame given for when they must be done other than the color photographs must be "recent," so I don't see a problem doing them at the same time as your course, and your range shooting certificate (TR-100, I think). You don't even need the TR-100 if you have documentation to show you passed a military pistol course within the last five years. (And don't forget your DPS fee (not the instructor's fee) is waived for active duty military :mrgreen: )

This is what I did for my renewal last year. Because I read about all the application delay horror stories, I completed the course, and prints, photos, affidavits etc a few days prior to the earliest date that I could submit my renewal. As soon as the 180-days-prior-to-expiration-date arrived, boom! in the mail went the app. My renewal was approved in 35 days. :mrgreen: And at only half-price for veterans. ;-)

You can double check all this by going here:
http://www.statutes.legis.state.tx.us/D ... .411.htm#H" onclick="window.open(this.href);return false;

I would call DPS and talk thru this with them, at least if you want to do the course more than a few days early, since this is probably not something they encounter often. Also, last time I checked their website is not set up to let you "apply" and order a package prior to 180 days ahead of your expiration, but your CHL instructor should be able to set you up with all the forms (and they often knock off on the fee for military guys. :mrgreen: ).

Good luck with this and your school. Sounds like your are going into helicopters, and that sounds like fun. Best wishes.

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