Residency Question

[colt45er]

Alright, here is my situation and question.

I am an Indiana Resident and property owner. I am registered to vote in the State of Indiana and a member of the Indiana National Guard.

I am currently on active orders to Alabama. I am maintaining my residence in Indiana as my home of record, will pay taxes as an Indiana resident, etc.

I recently got a motorcycle, went through the military MC training etc. For simple logistics it was simpler for me to get an Alabama drivers license with the MC endorsement than to get one in Indiana while I am down here.

How does this effect my LTCH? I would assume that it is still valid as I am an Indiana resident and will retain that residency.

How would this be viewed? What would LEO say if that saw my IN LTCH with my AL DL? I suppose for ID purposes I could use my Military ID, but just curious.

Main question, am I good to go? If not what do I need to do? I will be back in Indiana next month. Do I need to get another Indiana DL? Thanks INGO.

Rep to those that help, especially if you can site IC etc.

 

[SSGSAD]

IANAL, BUT, when I was deployed to TX., back in '04, I bought a new van, and used my home address... In., had NO effect, on my res. I voted absentee balot, and came home no problem..... I wouldn't think, that a MC, license out of state, wouldn't matter IMO, I believe YOU have to change res. through "normal" channels, in the INARNG ..... Past that IDK ..... ALWAYS carry a COPY of your orders with YOU !!!!!

 

[downzero]

I would get your IN driver's license back as soon as possible. This is without expressing any opinion on your actual question, which is way too complicated to answer without quite a bit of legal research that I wouldn't be qualified to perform and respond to your question anyway.

 

[JimmyR]

Ok, the only definitions for "resident" for the State of Indiana I could find was from the Dept of Revenue and the BMV, so take it with a grain of salt. I added some bold points to highlight what I see that refers to your situation:

http://www.in.gov/dor/reference/files/ib55.pdf

I. RESIDENT DEFINED
The term “resident” means (a) any individual who was domiciled in Indiana during the taxable year; (b) any individual who maintains a permanent place of residence in Indiana and spends more than one hundred eighty three (183) days of the taxable year in Indiana; (c) any estate of a deceased person defined in (a) or (b); or (d) any trust which has a situs in Indiana.
II. DOMICILE DEFINED
A person has only one domicile at a given time even though that person maintains more than one residence at that time. Once a domicile has been established, it remains until the conditions necessary for a change of domicile occur. In order to establish a new domicile, the person must be physically present at a place, and must have the simultaneous intent of establishing a home at that place. It is not necessary that a person intend to remain there until death; however, if the person, at the time of moving to the new location, has definite plans to leave that new location, then no new domicile has been established. The determination of a person’s intent in relocating is necessarily a subjective determination. There is no one set of standards that will accurately indicate the person’s intent in every relocation. The determination must be made on the facts presented in each individual case. Relevant facts in determining whether a new domicile has been established include: (1) purchasing or renting residential property; (2) registering to vote; (3) filing a resident state income tax return; (4) receiving public assistance; (5) titling and registering a motor vehicle; or (6) preparing a last will and testament which includes the state of domicile.
III. RESIDENT STATUS AND DOMICILE
You may be a resident of Indiana for income tax purposes even though you
were living, working, or studying abroad during the taxable year.
To determine your resident status for income tax purposes, you must
consider where you were domiciled and where you maintained a permanent
place of abode during the taxable year.

http://www.in.gov/bmv/2676.htm

Evidence of residency in Indiana includes:

• Maintaining a legal address in the State of Indiana and not claiming residency in another state
• Being a registered voter in the State of Indiana

From what I am seeing, you are not loosing your IN residency. However, once you return to Indiana, you would need to get your IN drivers license within 60 days of returning. In the interim, I haven't seen anything that would hinder you in any way. I would ask, however, if you notified the ISP about your new address. If you look on the front of your LTCH, you have to notify them within 60 days of yoru address change.

Hope this helps some...

 

[Bill of Rights]

Alright, here is my situation and question.

I am an Indiana Resident and property owner. I am registered to vote in the State of Indiana and a member of the Indiana National Guard.

I am currently on active orders to Alabama. I am maintaining my residence in Indiana as my home of record, will pay taxes as an Indiana resident, etc.

I recently got a motorcycle, went through the military MC training etc. For simple logistics it was simpler for me to get an Alabama drivers license with the MC endorsement than to get one in Indiana while I am down here.

How does this effect my LTCH? I would assume that it is still valid as I am an Indiana resident and will retain that residency.

How would this be viewed? What would LEO say if that saw my IN LTCH with my AL DL? I suppose for ID purposes I could use my Military ID, but just curious.

Main question, am I good to go? If not what do I need to do? I will be back in Indiana next month. Do I need to get another Indiana DL? Thanks INGO.

Rep to those that help, especially if you can site IC etc.

Thanks for your service!

Open this link: https://www.indianagunowners.com/fo...discussion/16185-ingunowners_faqs_sticky.html to the FAQ. Search that page for the word, "residency". You will find one reference to the specifics of your Lifetime LTCH in re: moving out of state and one reference to what constitutes "establishing residency", with IC citation. (There's a third use of the term, but it's unrelated to your question, addressing the private sale of a firearm.) I'd just quote it here, but there's so much more info there, I'd rather just link it and let you peruse at your leisure.

Hope this helps!

Blessings,
Bill

 

[grogie]

(b) any individual who maintains a permanent place of residence in Indiana and spends more than one hundred eighty three (183) days of the taxable year in Indiana;

Interesting how "taxable" is thrown in there. What a way to describe a timeframe by the word tax!

OP, thanks for your service.

 

[phatgemi]

Check out military rules on residency. There are some provisions in dealing with that. when I was in, you had a state of residency and like you said, you could get a Alabama driver license but Indiana would remain your legal state of domicile. For me personally I was a resident of Florida for tax purposes but another state for driver license, etc.

 

[Fedempl]

Your Indiana DL is valid as long as you on AD. Why get rid of it, get it back ASAP

 

[CathyInBlue]

Indiana Code 3-5-5

The issue is state government's definition of residency for LTCH purposes, not military determination of residency.

IC 3-5-5 Chapter 5. Standards for Determining Residency

Granted, that's declared purpose is for determining residency for voting and office seeking, but if it can tell you where you will be voting, whatever county that is, that is where you need to notify the sheriff for LTCH purposes.

IC 3-5-5-5 Absence due to state or federal business
That obviously says that just because you are out of state on federal business, arguably what military duty is, you do not lose residence in Indiana, but it isn't specific as to voting precinct.

IC 3-5-5-7 Temporary residency
Since you own a home here in Indiana that you always intended to return to, you never lost your residency. It's still right there.

Is your IN address on your AL DL? If so, then the AL DL should suffice once you return. If the address on the AL DL is not your IN address, then you'll need to get an IN DL on return.