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Re: Title and Bill of Sale

To: PROBINSO@flower-mound.com, mgs@autox.team.net
Subject: Re: Title and Bill of Sale
From: Richard D Arnold <richard.arnold@juno.com>
Date: Fri, 4 Jun 1999 19:51:15 -0500
Perry:

>You are simply relying on the fact that the military allows you to
>maintain your home residency in one state, while you are stationed
>elsewhere; and I'm not fully convinced that that is 100% legal.
>

>YOU MUST REGISTER A VEHICLE IN THE STATE OR COUNTY IN WHICH YOU LIVE!

This depends on local laws, which, as has been pointed out, varies by
jurisdiction.  In some cases, the owner may be required to register the
car where it is maintained or sees most of its use.  I know of one
instance where a gentleman lived in one county, but registered his car in
another county because he used it in his business travels there.

In the military, however, it is not only legal but a right (BTW,
something either is legal or is not -- there are not a whole lot of
percentages applied....).  Dan's situation is not unusual, nor illegal. 
Because a service member gives up quite a bit, they are allowed to claim
residency in the state of their choice.  Generally, the service member
will choose the state that is most advantageous to him or her (being
forced to do otherwise would certainly place one on a slippery slope). 
The reason for this is that the service member is posted to a federal
military reservation, over which the states have no control.

In my case, I was stationed in the middle of the desert on a federal
military reservation.  Although the post was within the geographic
borders of California, it was not part of California, and California
could not exercise jurisdiction over it.  The federal government does not
register the vehicles of the residents who inhabit military reservations.
 Thus, I was not a resident of California.  Since I could not be denied
my essential citzenship rights (the right to vote or to use my, for
example) because of my military service, I was declared my home state as
my state of residence, as is my right.  I voted in Iowa via absentee
ballots, and registered my vehicle there.  Any loss to California by my
having registered my vehicle in my home state was more than compensated
for by my service.

It's not just a simple "I'm a <state> resident" because I said so" thing.
 In order to do so, the SM must still meet the residency requirements of
that state.  Once they have become a resident, they are entitled to the
right and benefits of residency, which include being able to register
their car in that state, vote in state or local elections in that state,
and maintain that residency while in the service of the military.

As you said, not to flame, but to inform....

Hope you have a great day!

Rich
Council Bluffs, Iowa

'74.5 RB MGB "Miss Maggie"
'78 Chevy Half-Ton "Waltzin' Matilda"  (LBC Support Vehicle)
'79 Midget "Miss Molly"

richard.arnold@juno.com  or  rdarnold@neonramp.com

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