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Old 11-04-2009, 09:44 AM   #21
Baystatesuks
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Originally Posted by Kaos116 View Post
As certain as you are never to return. I wouldn't chance it.

My decision is not a question of chance. I believe that the way the law is written, there is no need to notify them as my LTC no longer exists anyway as I moved out of the state.

If I had to move back to the Northeast, it would be NH - just no way I am moving to MA. I patently refuse.
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Old 11-04-2009, 01:23 PM   #22
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I have an additional related question that I was asked. If I were to move out of state tomorrow and get a drivers license, etc in my new state, what would happen to my LTC that doesn't expire until 2014? Would I need to turn it in? Would they cancel it somehow?
IANAL: The statutes and case law that relate to residency and domicile can get complicated and don't always seem logical. RESIDENCE is defined as the place of general abode; principal, actual dwelling, without regard to intent. DOMICILE (“legal residence”) - Black's Law Dictionary, Sixth Edition, defines domicile as “A person's legal home. That place where a man has his true, fixed, and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning. (Smith v. Smith, 206 Pa. Super. 310) A person may have more than one residence but only one domicile. The legal domicile of a person is important since it, rather than the actual residence, often controls the jurisdiction of the taxing authorities and determines where a person may exercise the privilege of voting and other legal rights and privileges.” Some states like Texas may require you to obtain a drivers license if you plan on spending greater than a specified amount of time in Texas, that is you have personally availed yourself of the rights and privileges to operate a motor vehicle in that state. However, that does not preclude you from your INTENT to return to Massachusetts someday and in so you have not sold your property and continue to store belongings in Massachusetts. You may have enough grounds to maintain that you are domiciled in Massachusetts. http://www.brooks.af.mil/library/fac...et.asp?id=6248 http://www.wiggin.com/db30/cgi-bin/p...-TE-June07.pdf
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Old 11-04-2009, 01:30 PM   #23
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I have an additional related question that I was asked. If I were to move out of state tomorrow and get a drivers license, etc in my new state, what would happen to my LTC that doesn't expire until 2014? Would I need to turn it in? Would they cancel it somehow?
There are lots and lots of cases that opine about what determines your residency, because a determination of residency has a direct bearing on where you can properly sue and be sued in federal court.

There are subjective and objective factors. If you say you are a resident of a certain state, then that is provided some weight. The objective factors such as where you live, where you are licensed and maybe most importantly to which state you pay taxes to and vote in are given a lot of weight.

In effect, if you want to become a resident of a different state, undertake specific actions demonstrating your intent to be in that state, with no immediate desire to leave and support that intent by licensing your vehicles, voting in and paying taxes to that state.

In terms of MA gun laws (as best understood), leaving the state and becoming a resident of another state would terminate your resident LTC. You would have the option of applying each year for the non-resident LTC by providing King Deval his taxes and tributes along perhaps with your first born.
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Old 11-04-2009, 09:53 PM   #24
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Technically, you've moved when you leave your home in MA. Unless your back door opens into another state, the notification statute stands and can indeed be used as a reason for denial.
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Disclaimer: I am not a lawyer and thus any interpretation or statements about the law that I might make should be taken with a grain of salt and mixed with your own legal research as well as advice from actual legal counsel. I cannot be held responsible if you find yourself somebody's "friend" in federal, state, or local prison should you act on my opinions on the law. My interpretations of the law will generally be on the conservative side.
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