Caribou Gear Tarp

Stuck between states, a mild rant

the nikster

Well-known member
Joined
May 4, 2005
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1,549
Location
Alaska
Situation is this.
I own a home in Idaho which I have not lived in for several years, been rented out the entire time.
I work on the road. 3 months here, 6 months there, a year there, etc.
I have the cabin in Alaska. We want to live there and retire there. 18 months ago I went to the DL office and was told I needed to transfer to an Alaska DL. So I did.
Lucky me, smart move dimwit. I am presently unable to hunt as a resident anywhere. 2 years running. Apparently I need to be physically in Alaska for 12 straight months before I can get a resident license. I am not whining about their law, it seems legitimate to me.
I am whining that I am not a legitimate resident of any state apparently.
Does anyone have any insight? Beyond the fact that I should have waited to get an Alaska DL?
 
Your case is a bit unusual... I moved from CO to MT and then back to CO with my wife as she pursued her medical degree.

This is how I understand the law, as it pertains to those two states, CO and MT.

You can only be a resident of 1 state at a time and can only hold an resident license in one state at a time. (You can be a CO resident with a resident MT tag if you purchased said tag before you moved out of that state, you must be a resident at time of purchase, there is no requirement to surrender a tag, but you cannot purchase a CO resident tag while holding a MT tag even if you are in CO long enough to be considered a resident)

Now, I would assume and would argue you are currently a resident of AK for the purpose of buying a hunting license if the following are all true.

1. Your primary domicile is in AK. (You declare this on your property taxes)
2. You pay state income taxes in AK.
3. You have a state drivers license in AK.
4. You are registered to vote in AK.
5. Your vehicles (all of them) are titled and platted in AK
6. You don't claim residency for the purposes of hunting or any other in any other state.

The clock, for residency (12 month requirement in AK, 6 month in CO and MT) when you have a document step towards that end, eg. you get your driver's license, register to vote, register your cars. If you have done all these things I would collect all the documentation for each of these items and go into the DNR office explain the situation and buy a license. Typically if people don't meet all of these conditions they are trying to cheat the system in some way and it raises a red flag and honestly if you don't have all of these things done your probably violating voting laws and the tax code. I have a check list of everything I need to do when I move to maintain residency for tax and hunting purposes and have never missed a season as a resident.

I also travel for work, although not as much as you it sounds like, and I was told by the DNR in MT and CO that it's more about proving that state is where you intended to make your home and less about messing with you if you decide to go visit your brother in Ohio for Christmas. No game warden is going to get a warrant to call every airline and get their records to see if you ever left the state, but they will do a DMV search,a voting records search, and a tax and if your name doesn't pop up your busted.

You probably could just walk into walmart or cabelas and buy a license with your driver's license and it wouldn't be an issue unless you broke a law and a trooper decided to do a deep dive on you, but being up front with the office would be "the right" way to do it. In my experience buying licenses in AK they don't ask questions if you have an ID.
 
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My senator, Pat Roberts, maintained an established "residency" in Kansas by renting space for his recliner in a supporters home......at least that was what his challenger in his last primary contest tried to point out.

With lifetime licenses, it is possible to hunt under the same rules as a resident in Kansas, even if one has left the state and established residency in another state. I know this won't help you Nickster, but I just put it out there as regarding lifetime licenses and hunting in more than one state (as a "resident").
 
My senator, Pat Roberts, maintained an established "residency" in Kansas by renting space for his recliner in a supporters home......at least that was what his challenger in his last primary contest tried to point out.

With lifetime licenses, it is possible to hunt under the same rules as a resident in Kansas, even if one has left the state and established residency in another state. I know this won't help you Nickster, but I just put it out there as regarding lifetime licenses and hunting in more than one state (as a "resident").

There is a difference between whether you are breaking a law and whether you would be charged with a crime. This definitely falls into a bit of a grey area...

Montana
87-2-102. Resident defined.
(1)(b), the person does not possess or apply for any resident hunting, fishing, or trapping licenses from another state or country or exercise resident hunting, fishing, or trapping privileges in another state or country;

Colorado
33-1-102(38)
(38), a person is deemed, for the purposes of this title, to have terminated his or her Colorado residence if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country;  registers to vote in another state or foreign country;  or accepts a driver's license that shows an address other than in Colorado.

Kansas
Pertinent text.
3. The lifetime hunting license does not include the privilege of hunting big game or wild turkey. A lifetime hunting or combination license holder that leaves the State of
Kansas and takes up residency in another state is eligible for small game hunting and may apply for a big game permit (deer, antelope, turkey or elk) in Kansas as a resident.
Anyone desiring to obtain a special permit for hunting deer, antelope, elk, or wild turkey may have his/her name placed in the drawing by submitting an application during the
announced application period with the proper permit fee enclosed.

My interpretation would be since if you purchased a KS lifetime license and then moved to either CO or MT, it would be probably be permissible to use that license and hunt small game in Kansas as that license was purchased before you moved, but that you would lose your residency status in both MT or CO if you applied for a big game permit as a resident in Kansas, although a strict interpretation says you would have to surrender your Kansas license to become a CO or MT resident. Regardless you would likely only get in trouble with law enforcement if you broke another wildlife regulation and they looked up your record or had cause to research you through the interstate compact.
 
OP, Here is everything you need to know...
With your "we want to retire there" comment I assume your are married, where does your spouse live.
According to Section (G) if your spouse lived in AK, and your travels were to various states and then back to Alaska were your spouse was maintaining your dwelling where you were keeping your stuff you would be considered an AK resident, provided you had done all the things I mentioned above.

http://www.adfg.alaska.gov/static/license/pdfs/residency_infosheet.pdf
 
OP, Here is everything you need to know...
With your "we want to retire there" comment I assume your are married, where does your spouse live.
According to Section (G) if your spouse lived in AK, and your travels were to various states and then back to Alaska were your spouse was maintaining your dwelling where you were keeping your stuff you would be considered an AK resident, provided you had done all the things I mentioned above.

Thanks for the insight so far. Yes, my situation is not normal. I do feel as if I should be able to claim residency somewhere. I admit the states do not care how I feel.
My cabin is not done. It will be done this year. That impacts a few of the residency requirements in the statute you supplied. I will get it done and move my household items into it.
My wife travels with me, always has. I would have it no other way.
It does not appear that I have to be “physically present” for 12 months according to the statute.
I have to move in with the intent to ‘not move in or establish residency’ elsewhere. I then have to be physically present within the state to purchase any licenses. I will place my personal belongings and household items inside. I will move into the home. I may travel on business but will not set up residency nor take advantage of resident status in any other state.
I did register in Alaska and recently voted absentee.
I think this will make me a resident of Alaska but, as mentioned, I will make sure to take my documentation and tell my full,truthful story if/when I apply for any benefits.
Thanks for the help.
 
I admit the states do not care how I feel.

^ Exactly

The residency requirements for students are even more ridiculous than they are for hunting. Part of the reason I did such a deep dive on this subject was that we were worried about my wife losing an in-state option for Medical school... which happens pretty frequently.
 
If I remember correctly, Alaska goes by the calendar year for residency, not just 12 months. If that is correct, you better get it done before the end of the year or you'll be waiting another year after that! There's a whole bunch of stuff involved with residency there, so getting all of the info straight ahead of time would be a plus. I'll be following you there shortly.
 

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