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Thread: Was I a resident?

  1. #1
    Member cdubbin's Avatar
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    Default Was I a resident?

    So I got a visit from a wildlife trooper over the weekend concerning a black bear I shot in June of last year (2009). Basically, he's saying I wasn't a resident when I shot it, and the fact that I had a resident license made it an illegal kill. Here's some backstory; I was born in Homer and raised in Anchor Point (although that has nothing to do with the legal issue), moved south at age 5 or 6, went to school in Idaho with summers in Homer until I was old enough and had the dough to move back full time. Moved the family up here in spring of '08 (I can document that), but didn't change my Idaho driver's license until April of '09. I bought an Alaska resident hunting license the same day I got my Alaska driver's license. That sent a red flag through the trooper computer system, although why it took a year and a half, I don't know. The trooper said I was supposed to change my driver's license over within 30 days of entering the state, and that's the reason for the concern. At this point I haven't been cited for anything; I had the guy talk to my lawyer, and that cooled his heels a little, but I'm expecting to hear from them anytime now. So I thought I'd take it to the AOD gurus and get a little feedback. According to the regs, you have to have been living in state for a year prior, which I was, and not be claiming residency in another state, which I wasn't. So what do you think?
    " Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

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    What is on your PFD application for dates.......?

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    Member cdubbin's Avatar
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    Quote Originally Posted by AGL4now View Post
    What is on your PFD application for dates.......?
    N/A: I don't apply.
    " Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

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    Member Erik in AK's Avatar
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    The rules say the residency clock starts ticking the day you enter the state with intent to become a "permanent" resident i.e. establish a domicile etc. Clearly, you've done that, but the trooper was right to follow up on a suspicious relationship between the two licenses.

    There probably won't be a citation and if there is you'll win in court.

    Your DL delay may cause an eligibility issue for the PFD but not a hunting license
    If cave men had been trophy hunters the Wooly Mammoth would be alive today

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    Quote Originally Posted by Erik in AK View Post
    The rules say the residency clock starts ticking the day you enter the state with intent to become a "permanent" resident i.e. establish a domicile etc. Clearly, you've done that, but the trooper was right to follow up on a suspicious relationship between the two licenses.

    There probably won't be a citation and if there is you'll win in court.
    Yes to the first part.......and nothing is for sure with the courts. A lot will depend on your proof. Rent reciepts, voter registration, etc.

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    http://www.admin.adfg.state.ak.us/li..._infosheet.pdf

    Item #3 explains it. You needed to change your license within 90 days of coming to AK. And you needed to register your car in AK within 10 days if you were employed and 60 if you were unemployed. Other than being in the state you didn't make the necessary effort to demonstrate your intention to stay. You could probably argue it if you can show that you worked in AK, didn't leave the state, bought a house, opened an account with an Alaskan bank, provide utility bills...... The list goes on, but you're going to need to provide some proof more than likely. As far as they are concerned you're just on an extended visit. Where did you vote last month? That's going to be a big one.
    I'd agree with you, but then we'd both be wrong.

  7. #7
    Moderator LuJon's Avatar
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    Quote Originally Posted by Erik in AK View Post
    The rules say the residency clock starts ticking the day you enter the state with intent to become a "permanent" resident i.e. establish a domicile etc. Clearly, you've done that, but the trooper was right to follow up on a suspicious relationship between the two licenses.

    There probably won't be a citation and if there is you'll win in court.

    Your DL delay may cause an eligibility issue for the PFD but not a hunting license

    This seems to agree with what I have found. I currently can't get the PFD due to excessive time working abroad BUT I can legally get a AK hunting lic with no problem.

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    Member Vince's Avatar
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    P.M. SENT!!!!!

    do not say another word on this forum... PERIOD> wait till your done. knowing your rights is a very important thing right now and the public forum is not the place to exercise them except in the right to remain silent... EVERY THING YOU SAY WILL BE USED AGAINST YOU... even if you didn't mean it that way.
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

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    Listen to Vince and read the link I posted.
    I'd agree with you, but then we'd both be wrong.

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    Supporting Member Amigo Will's Avatar
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    You have the right to remain silent,brains to will be established.
    Now left only to be a turd in the forrest and the circle will be complete.Use me as I have used you

  11. #11

    Wink

    Agree with all. Don't say another word to anyone about anything even closely related to this, except your lawyer. NO ONE.

    If I am not mistaken, I think you as the OP, can ask the Mods/Owner to delete this entire thread. just sayin'
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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    Member Vince's Avatar
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    Quote Originally Posted by Akres View Post
    If I am not mistaken, I think you as the OP, can ask the Mods/Owner to delete this entire thread. just sayin'
    thats correct.. I copied admin and owner of my pm to the OP, and the OP must request the removal and they will readily do so...
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

    meet on face book here

  13. #13

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    Even if you are in the wrong, which it doesn't sound like you are to me, I would be surprised if they nailed you with a very serious fine. It sounds like a completely honest mistake to me. It is not like you went on a brown bear hunt and you were trying to avoid hiring a guide or something. It seems like to me, the worst they could do would be to make you back pay for the nonresident tag. But I am no lawyer, and nothing the courts do really surprise me anymore. I would suggest you take Vince's advice and talk only to your lawyer.

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    Member AKDoug's Avatar
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    It will be a much larger fine than that if found guilty. More likely the loss of hunting privledges for a short time period and a fine.
    Bunny Boots and Bearcats: Utility Sled Mayhem

  15. #15

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    Oh WOW, I read your thread wrong the first time. I thought you said you shot the bear in June 10 and got your driver's license in April of 09. If you shot your bear in June 09, and got your license in April 09, then I would say you are going to have a hard time with your case. If it were me, I would just own up to the mistake and pay the fine. If it was an honest mistake they might go easy on you, but then again they might not. But at least you did the right thing and you will be able to sleep at night. Good luck.

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    Member akrstabout's Avatar
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    In the winter months they, fish and game, review old hunt reports and such. My boat builder was busted 3 years later for a spring bear in PWS. He shot one in the fall the previous year. Same season different year, so he killed two bears in a one bear unit. Felony charge if the bear rug was not turned in!

    Good luck to ya. Hope it all works out. Worse case scenrio you will have to render the hide or pay the fine, or then take the felony.

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    Member martentrapper's Avatar
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    I don't see a mistake on your part for the F&G stuff. You were here 12 months before you bought your license. Once you have a license your legal to hunt.
    Might get a ticket on the truck and drivers license.
    Good on you for having him talk to your lawyer.
    I can't help being a lazy, dumb, weekend warrior.......I have a JOB!
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    I had a friend get in trouble for almost an identical case. Residency is NOT 12 months, it is 365 days. There can be a big difference. My friends issue was with a caribou. AST took his antlers, meat, hunting license and gave him a hefty fine. They could have given him a bigger fine but he was cooperative with them so they let him off easy.
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

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    Quote Originally Posted by Vince View Post
    thats correct.. I copied admin and owner of my pm to the OP, and the OP must request the removal and they will readily do so...
    Quote Originally Posted by Akres View Post
    Agree with all. Don't say another word to anyone about anything even closely related to this, except your lawyer. NO ONE.

    If I am not mistaken, I think you as the OP, can ask the Mods/Owner to delete this entire thread. just sayin'
    Don't listen to the peanut gallery. Their sitting in their fortified bunkers stock piling ammo and campbells soup. I'm pretty sure the authorities have the evidence they need w/o whittling through the millions of posts on the forum to gather evidence. Whats your lawyer say?

  20. #20

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    As others have said, I belive residency is determined partly on when you had the "intent" to remain in Alaska in addition to physically being here. Unfortunately, it is not that easy for what should be an impartial 3rd party such as the Troopers or other law enforcement person to know the "intent" of a person, so they often have to rely on other indicators that support that finding. Some of the big ones, as has been brough up here already are getting your driver's license up here, registering their vehicle up here, purchasing a home or other type of residence, getting a voter's registration (taking yourself off the voter rolls of your previous state of residency), etc... If someone doesn't do those kind of things, it is hard for someone who isn't you to know what your true intent really was. With this day and age, it is just as likely, if not more so, to find people who would try to maintain residency in another place by keeping their old driver's license and vehicle registration to gain the resident advantages there and still gain residency status up here to do the same with no "intent" to stay here.

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