HCP Residency Requirements

[Guest Oldsniper]

I am a long time TN resident, but in recent years I live in FL about half the time. Every 1-2 months I go to FL for a couple of months and then come back to TN. I am a legal homesteader in FL. My driver license is from FL. I consider myself a resident of both states.

I want to carry in both FL and TN. I need some good advice on how to do that. I am confused. Can I claim that I am a TN resident if I have a FL driver license? If I do get a HCP in TN, will I be able to also carry in FL? And vice versa.

Any help would be appreciated.

[Oh Shoot]

...

I want to carry in both FL and TN. I need some good advice on how to do that. I am confused. Can I claim that I am a TN resident if I have a FL driver license? If I do get a HCP in TN, will I be able to also carry in FL? And vice versa. ...

Might be tricky to show residency in TN without a TN driver's license, unless you claimed you didn't drive or something. You may consider yourself a "dual resident", but neither FL or TN will likely share that sentiment.

Unless there's a downside I don't know about, simplest sounds like for you to just get FL permit since you keep a FL DL. FL handgun permit fine in TN and vice versa. Just note that the carry laws vary some between the two states so be sure to read up on both.

You could probably get a resident permit from one state and a non-resident permit from the other, but I don't really see a reason for the complexity and expense.

Both permits are honored pretty much same nationwide, about 38 states.

You can compare the two:

http://www.handgunlaw.us/states/tennessee.pdf

http://www.handgunlaw.us/states/florida.pdf

- OS

[USMCJG]

Florida and Tennessee do have reciprocity agreements with each other. Tennessee HCP holders can carry in Florida, subject to Florida's carry laws, and vice versa.

[TMMT]

Tennessee is one of those states that you must prove your residency by establishing same, either through a purchase or rental agreement, utility bills etc... you must have either a TN DL or TN ID to get the TN HCP. Basically you have to be a resident of TN to get a TN HCP...

If you have a FL DL and you apply for a TN DL you must surrender it to the TN DMV before they will issue you a TN DL or even a TN ID. Florida is one of a few states that has a non-resident drivers license as well, it came about due to the shear number of folks who would flee to Florida during the winter for 3 to 4 months out of the year but didn't want to lose their resident status with their home state. So Florida created a non-res DL which also later spawned the non-res HCP.

You are much better off getting the FL carry permit, most folks consider it the Gold Standard of Carry Permits, I think it has the most weight as far as reciprocity goes. I know alot of military folks who don't "have" a state of residence get the FL non-resident permit.

Edited December 1, 2009 by TMMT

[Guest bkelm18]

Tennessee defines a resident as:

Michie's Legal Resources

“Resident” means every person that lives in this state for a period of time exceeding thirty (30) days, has taken employment, or who would qualify as a registered voter, or has taken action to establish Tennessee as principal place of domicile;

But as been said, get a Florida carry permit and you can carry in Florida and TN.

[Guest HexHead]

If you have a FL DL and you apply for a TN DL you must surrender it to the TN DMV before they will issue you a TN DL or even a TN ID. Florida is one of a few states that has a non-resident drivers license as well, it came about due to the shear number of folks who would flee to Florida during the winter for 3 to 4 months out of the year but didn't want to lose their resident status with their home state. So Florida created a non-res DL which also later spawned the non-res HCP.

You are much better off getting the FL carry permit, most folks consider it the Gold Standard of Carry Permits, I think it has the most weight as far as reciprocity goes. I know alot of military folks who don't "have" a state of residence get the FL non-resident permit.

That's interesting. Back in the late 70's I was visiting my parents in FL from NYC and wanted to get FL plates for my car for the cheaper insurance rates. I needed to get a FL drivers license, so I went to the driver's license place and showed them my NY license and they gave me a FL DL. They wanted me to turn in my NY DL but I told them I needed it since I lived there part of the year, so they just handed it back to me. When I left I had two state's drivers licenses.

[Guest Oldsniper]

Thanks for your comments and help.

The reason for my confusion is the TN requirement for reciprocity when applying for a TN HCP ( http://www.tennessee.gov/safety/handgun/apprequirements.htm#FL ) :

Applicant must be twenty-one (21), complete a DOS approved handgun safety course, complete the Tennessee Handgun Carry Permit application, provide proof of U.S. Citizenship or Lawful Permanent Residency, and pay the applicable renewal fee.

(Florida requires fingerprinting but does not require a safety course.)

In turn, if I have a FL DL & HCP, the TN DOS has a 6 month employment requirement that I cannot fulfill. I am retired.

So, if I understand it right, I don't need a TN HCP if I have a FL HCP.

It appears I can't get a TN permit anyway, no way.

That is a shame, because I would like to take and pass the safety course in TN.

Is my understanding OK? Thanks.

[USMCJG]

Thanks for your comments and help.

The reason for my confusion is the TN requirement for reciprocity when applying for a TN HCP ( http://www.tennessee.gov/safety/handgun/apprequirements.htm#FL ) :

In turn, if I have a FL DL & HCP, the TN DOS has a 6 month employment requirement that I cannot fulfill. I am retired.

So, if I understand it right, I don't need a TN HCP if I have a FL HCP.

It appears I can't get a TN permit anyway, no way.

That is a shame, because I would like to take and pass the safety course in TN.

Is my understanding OK? Thanks.

You can still take the safety course in TN without applying for a permit.

[Fallguy]

If you are not a TN resident, you don't need a TN HCP, your FL permit will allow you to carry in TN.

You can still take a safety course anywhere you'd like, you don't have to apply for a TN HCP.

Safety courses are offered by independent instructors, not directly through the state.

[DaveTN]

Here is a link to Florida’s program. I don’t see anywhere on there that you are required to be a resident of Florida.

Your Florida permit would be good here.

BTW…. If you travel around get a U.S. Passport; you will never have to play the drivers license game again. (Except of course on a traffic stop.)

Concealed Weapons or Firearm Program - Division of Licensing, FDACS

[GLOCKMEISTER]

get the Florida permit and dont worry about it.

[Guest cappy]

ok sorry to bust out questions on your post but i have a question simiallar to this one! my question is i just recently moved back to tn from indiana and while in indiana i filed for my ccw through indiana and am currently waiting to recive it by mail. now i know tn honors indiana handgun permits but my question is if i change my license over to tn dl will i have to get a tn ccw or can i keep indiana permit i would love to keep my in one because its going to be a lifetime instead of a 4year

[Guest 270win]

A Florida license is good in TN. I'd go with that.

You can keep your Indiana license as long as you want. You do not have to 'surrender' your license when getting a TN handgun carry permit and establishing residency in TN. When you get a TN DL you are basically establishing residency and have 6 months to get a TN handgun carry permit and can carry on your Indiana license until you get the TN permit.

I carried on my Arkansas license for about a month when I moved here from Little Rock. Because Arkansas has similar requirements to TN, I did not have to take a training class or get fingerprinted...I just paid 50 bucks when I switched out my AR DL for my TN DL....it was that easy. The dept of safety folks took a photocopy of my AR concealed handgun license.and that was it. They ran a background check on me in Nashville.

I don't know what you'll have to do since you have an Indiana license....I know that you guys don't have to do training...check with the dept of safety...your swap out may not be as easy as mine...you may have to do the training class and range qualification that I got exempt from. If you don't get fingerprinted in Indiana..you'll have to do that too...I hope that helps.

[Guest bkelm18]

ok sorry to bust out questions on your post but i have a question simiallar to this one! my question is i just recently moved back to tn from indiana and while in indiana i filed for my ccw through indiana and am currently waiting to recive it by mail. now i know tn honors indiana handgun permits but my question is if i change my license over to tn dl will i have to get a tn ccw or can i keep indiana permit i would love to keep my in one because its going to be a lifetime instead of a 4year

Once you become a resident in TN your out of state carry permit is only good for 6 months (in TN). After that you must get a TN HCP.

[Fallguy]

Once you become a resident in TN your out of state carry permit is only good for 6 months (in TN). After that you must get a TN HCP.

Yep, but as Razorback said you can keep your Indiana permit as well.

From Handgun Carry Permit Application Requirements

Indiana

Applicant must be twenty-one (21), complete a DOS approved handgun safety course, complete the Tennessee Handgun Carry Permit application, provide proof of U.S. Citizenship or Lawful Permanent Residency, and pay the applicable renewal fee.

(Indiana requires applicant to be eighteen (18) years of age and to be fingerprinted. No handgun safety school required.)

So looks like you'll have to do everything except get fingerprinted again, also will only have to pay the $50 renewal fee instead of $115

[DaveTN]

i would love to keep my in one because its going to be a lifetime instead of a 4year

Sorry, but this isn’t about permits; this is about money. You are a Tennessee resident and Tennessee wants paid every four years.

Also if you were to be stopped a few years down the road and you had a Tennessee driver’s license, no THCP and an old permit from Indiana; depending on what the cop wanted to do it could end badly for you.

[Guest cappy]

could i claim duel residency since i live in indiana part time due to a family owned business?

[Oh Shoot]

could i claim duel residency since i live in indiana part time due to a family owned business?

As far as TN HCP is concerned, here I'd think it's gonna come down to which driver's license you have -- I wouldn't think an Indiana carry permit and a TN driver's license are going to go together very well if you are carded in TN, but doubt any issue with IN permit and IN DL in same situation. Then again, I don't see why a TN DL and TN HCP should be a prob in IN, either.

I don't think it's a federal law that you can't have more than one driver's license, but not sure how TN and IN feel about that.

There are also tax issues involved.

IN has state income tax, TN doesn't per se, but you DO pay TN income tax on dividends, interest, and the like, but I guess you know about all that.

- OS

[Guest cappy]

so do you think i could just keep my IN dl and permit do you think that would be fine? i guess i should just contact an agency(local department)!

[Oh Shoot]

so do you think i could just keep my IN dl and permit do you think that would be fine? i guess i should just contact an agency(local department)!

I can only confidently say that a valid IN carry permit gives you the same carry privileges (and responsibilities) here as does a TN one, and coupled with a valid IN DL should raise no eyebrows.

I honestly don't know the finer points of just what determines state residency, except that some have specific laws, like "if you spend over 180 days per year here" and etc. which I don't think TN does, but not completely certain about that, and of course don't know squat about Indiana's laws.

So, I certainly can NOT give you any advice about just which state in which you should be claiming residency, for DL, carry permit, taxes, or whatever, sorry.

- OS

[Mike.357]

in addition to your drivers license and carry permit, where are you going to register your vehicle? ( assuming you have one),.

Would be odd to have Indiana plates , TN license and Indiana carry permit. Might be best to have all of it under one umbrella.

[Guest 270win]

Yes, if you keep your Indiana DL, you would be fine to keep your Indiana handgun license to carry in TN because that would be easy proof that your 'residence' is not TN...thus keeping you from having to get a TN carry permit. Also keep your license plates on your car in Indiana also.

[DaveTN]

Unless of course you are a Tennessee resident and do not maintain a residence in Indiana.

Then when the local cop that has noticed your Indiana plates for the last six months decides to pop you on that; you could end up with a weapons charge as well.

Seems like a lot of potential legal problems and cost to save $50 every three years.

[Fallguy]

Unless of course you are a Tennessee resident and do not maintain a residence in Indiana.

Then when the local cop that has noticed your Indiana plates for the last six months decides to pop you on that; you could end up with a weapons charge as well.

Seems like a lot of potential legal problems and cost to save $50 every three years.

How would the officer actually know he had "estabilshed residency" in TN though? Maybe he just visits very often?

As OhShoot eluded to, what offically establishs residency in TN?