Ms resident active military permit question

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Ms resident active military permit question

Post by 94LEVERFAN on Sat Jan 08, 2011 8:03 pm

Question guys. Best freind's son is coming home on leave on Jan 26. He is 21, been in Marines since 17 rite out of high school. MS resident, still has MS DL. Lives at Camp Legune or wherever Marines tell him to.
Question? Is he eligable for MS firearms permit? Looked at permit law, did not see this covered.
Also, he is looking for a Springfield XD or XDM 45 with 4" barrel while he is here. If anyone knows of a deal, please let me know. Any info or insight on this will be greatly appreciated. Thanks, Bruce.

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Re: Ms resident active military permit question

Post by jakeg823 on Mon Jan 10, 2011 2:56 am

My GUESS would be that if his "permanent address" is still his parents house in Mississippi then I see no reason why he shouldn't be eligible. There is a difference between lving where you're stationed and your permanent address. That's just my take on it

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Re: Ms resident active military permit question

Post by NRA_guy on Mon Jan 10, 2011 6:28 am

Hmmm. Note underlined text. I believe that enlisted military from Mississippi are considered residents of the state regardless of where they are stationed. For example, he still votes a Mississippi ballot and has a Mississippi drivers license.

My understanding is that as long as his drivers license shows a Mississippi address (that's where they will mail his CCW permit), he should be able to get one.

I am not even sure why his military station would come up during the application process.

(2) The Department of Public Safety shall issue a license if the applicant:

(a) Is a resident of the state and has been a resident for twelve (12) months or longer immediately preceding the filing of the application. However, this residency requirement may be waived, provided the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi or is a retired law enforcement officer establishing residency in the state;

(b) Is twenty-one (21) years of age or older;

(c) Does not suffer from a physical infirmity which prevents the safe handling of a stun gun, pistol or revolver;

(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;

(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;

(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

(g) Desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself;

(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;

(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;

(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;

(k) Is not a fugitive from justice; and

(l) Is not disqualified to possess or own a weapon based on federal law.


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Re: Ms resident active military permit question

Post by nothing on Mon Jan 10, 2011 9:24 am

He is still a permanent resident so he can get a permit.

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Re: Ms resident active military permit question

Post by 94LEVERFAN on Mon Jan 10, 2011 11:11 am

ok Thanks guys. Appreciate the response.

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Re: Ms resident active military permit question

Post by DESOTO on Tue Jan 25, 2011 1:09 pm

As a Military member he can claim any state he chooses.

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Re: Ms resident active military permit question

Post by Missippi84 on Tue Jan 25, 2011 1:50 pm

i am prior military, i was living in NM with a MS residency and i had no problem getting a permit.

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Re: Ms resident active military permit question

Post by 94LEVERFAN on Wed Jan 26, 2011 9:40 am

Good deal, thanks for the info guys. Tommy should be getting here tonight. I have downloaded the permit application so next Wed. he should be able to get this handled. As soon as I talk to him I will post exactly what pistol he is looking for. Someone may have just what he is looking for. Again, thanks, Bruce.

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Re: Ms resident active military permit question

Post by Docs150 on Thu Jan 27, 2011 8:24 am

Check to see if Academy Sports has sale...or Go to my favorite dealers at GalleryofGuns.com. He can set a local FFl dealer to receive and the 4" XD-original version is on sale...If ordered today...he could have it tomorrow...normal NDAhttp://www.galleryofguns.com/
You can search and sometimes beat their price but they have definitely proven to me their customer service capabilily. Think 24hr turn-around on gun I 'thought' I was having problem with...not XD. Few years back...e-mailed and talked to on phone from Afghanistan...items home day after I walked off plane...

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Re: Ms resident active military permit question

Post by 94LEVERFAN on Thu Jan 27, 2011 6:36 pm

Thanks guys. He bought an XD today. Don't know what he paid but he is happy, all that matters. Will be here for 1 week, apply for his permit Wednesday, then go back and get MARRIED. Wish him luck!! Thanks, Bruce.

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Re: Ms resident active military permit question

Post by Docs150 on Thu Jan 27, 2011 7:44 pm

As big John said, "all the way"...Good luck to your son...

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Re: Ms resident active military permit question

Post by sidroski on Thu Jan 27, 2011 8:11 pm

Son's permit is still good although he changed his state of residency to TX (no income tax, 94leverfan, tell him if he stays in, whenever he goes to FL, TX or any state with no income tax to become a residence if he is stationed there, follows your moves). I don't if son willl be able to renew it but he'll save many times that in taxes.

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Yes he appears to still be a MS resident

Post by Chap on Sun Mar 20, 2011 10:08 am

DESOTO wrote:As a Military member he can claim any state he chooses.


I've been in the Military 29 plus years. I've had four separate state residences during those years for tax reasons. While in the Military we can claim this special status under Servicemembers Civil Relief Act (SCRA). http://usmilitary.about.com/od/sscra/l/blscramenu.htm


With that being said we can't claim any state at a whim. Usually you have to have lived in the state 6 months or some other State requirement to claim the state. Alaska requires you to live in the state a certain amount of time to maintain AK residence each year you claim them as your state of residence. ( many military people travel back to AK for a vacation just to maintain this status since they get money back during tax season.)

You have to claim in writing that you wish to claim the certain state as your State of residency (this allows the Military to place the state asked for on your Leave and earning Statement "LES" & W2) If your son's LES & W2 still shows MS then he clearly is a MS resident and can prove it to whomever asks or needs proof no matter where he is transferred under orders by the Government.

Your son should try to live in a state during his tour in the Military which doesn't have a state tax. Once he meets their requirement to claim them he can change his residency and never pay state tax again until he retires. I joined the Coast Guard while in Maryland, once I was transferred to TX I switched to TX for the lack of a State tax. Once I retire I must change my residency to the state I live in just like civilians.

Chap

PS,
On a good note, once I retire in NOV 2011 with 30 plus years I will be staying here in Greenville, MS. Mississippi won't tax my Military pension. (so basically no state tax for life thumbs up , unless I get a job and make additional money which would be taxed)

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