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Q: Can Military personnel who have established Alaska residency and are then involuntarily transferred to a military assignment in another state lose their Alaska residency? What if they obtain a "resident" hunting or fishing license in the other state that is specially provided to members of the military?
A: Military personnel who are transferred to Alaska can obtain "resident" hunting and fishing licenses two ways:
- Per AS 16.05.940(27)(A), a person can qualify by maintaining their domicile in the state for the preceding 12 consecutive months, and not claiming residency or obtaining benefits of residency in another state, territory or country. This type of residency is indefinite and may be permanent if the qualifications continue to be met.
- Per AS 16.05.940(27)(C), a member of the military service or United States Coast Guard and their dependents may purchase a "resident" license after being stationed in Alaska for 12 consecutive months without any intent to make Alaska their domicile, and in spite of their claiming domicile in another state. This type of residency is temporary and expires immediately upon a transfer to another state.
Once residency is established, it can be maintained even if the person is absent from the state, as long as certain conditions are met. Per AS 16.05.415:
- (a) In AS 16.05.330 - 16.05.430, a person is a resident if the person
- (1) is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state;
- (2) has maintained the person's domicile in the state for the 12 consecutive months immediately preceding the application for a license;
- (3) is not claiming residency in another state, territory, or country; and
- (4) is not obtaining benefits under a claim of residency in another state, territory, or country
- (b) A person who establishes residency in the state under (a) of this section remains a resident during an absence from the state unless during the absence the person
- (1) establishes or claims residency in another state, territory, or country; or
- (2) performs an act, or is absent under circumstances, that is inconsistent with the intent required under (a) of this section.
Military personnel who have attained residency while stationed in Alaska and are then subsequently involuntarily transferred to another state, may continue to purchase an Alaskan resident sport license. However while stationed elsewhere, they cannot do anything to negate their residency in Alaska while stationed in another state. For example they need to: retain Alaska as Home of Residence with the military, keep their Alaska driver's license (if legally possible), Alaska voters registration card, Alaska vehicle registration, etc.