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Military law- concealed carry permit- legal advice

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AAllen:
Dave I would disagree, She curently live in Nebraska, as a Nebraska Resident she must have an Nebraska CCW.

You are correct the Military Spouses Residency Relief Act covers taxes and voting only.  Everything I can find says that Drivers Licenses and anything else (Like CCW Permit) is according to the state law where one resides.  In nvywife's case she needs to have the 180 days (and I believe Nebraska requires her to get a Nebraska Drivers License as well).

Speaking with JAG would be the best thing she can do.  If my understanding of the Military Spouses Residency Relief Act is wrong they can help her write the appeal letter so she can send it into the State Patrol.  They would be able to put the correct information in so that the SP's Lawyer would need to follow the Fed. Law, if thats the case.  The Sp's Lawyers would recomend the reversing of her denial if our reading of the Military Spouses Residency Relief Act is incorrect, but they would need to hear about their error from a Lawyer to even consider it.

DaveB:
I think you are right about the Utah permit if she was a Nebraska resident, but she is a NY resident and the Utah permit may be good enough to get by here until she becomes a Nebraska resident. I also am not sure that even being a military spouse and a NY resident that she can even get a Nebraksa permit, even after the 180 days unless she changes her permanent residency. Just owning property does not give residency rights. The MSRRA also allows here to keep and use her NY license and ID.

I feel that if she qualifies in Nebraska in every way to have a permit since she is a military spouse, it should be allowed as if she is a resident. I don't see the need for the 180 days as long as the FBI check comes out.

Chris Z:
She is NOT a resident of Nebraska according to NE statute 69-2433:

http://www.nebraskalegislature.gov/laws/statutes.php?statute=69-2433

(7)(a) Have been a resident of this state for at least one hundred eighty days. For purposes of this section, resident does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes except as provided in subdivision (b) of this subdivision; or

nvywife:
Spoke with Air Force Legal, and the servicemember's relief act along with the MSRR does cover this type of issue...in more than one place, along with a few other points that make them denying my permit unfounded. He is calling the State Trooper's attorney to discuss, since when I called most recently to clarify I was now told I don't qualify as a resident so don't need the permit (opposite of their original statements).... They need to figure something out because this cannot be a decision based on the mood of the day... Keeping my fingers crossed she listens to what the JAG officer has to say and they just grant me my permit!

nvywife:
VICTORY!!!.... sort of. So... after meeting with a JAG lawyer, reviewing all of the SCRA and MSRR Act he felt the law supported us.... he discussed the topic and points with the other lawyers on base and they all came to a consensus... this is a pretty big gap in the legislature and it needs to be addressed. He contacted the lawyers at the State Trooper's headquarters in Lincoln to discussed my specific case with one of the 3 lawyers they have. The Trooper's still could not decide on my resident status since it isn't clear, but finally gave me in writing a statement that for CCW purposes I am NOT a NE resident and my Utah permit is sufficient. According to our JAG attorney, and a conversation we had with their lawyer, he agreed this was an issue they were not aware of and said now that we brought it to their attention, there WILL BE a clarification in the legislature.

Not the answer I was looking for, BUT I CAN carry, have a written statement that I am within the law, and they are going to tighten up some of the CCW laws so this issue will not happen again.

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