PDA

View Full Version : Question on buying a AR


crasch
05-08-2012, 10:09 PM
I'm confused here. According to the California DOJ/OAG all am I required to buy
I'm buying a AR from a local gun dealer, and I paid for the gun but he will not start the DROS process due to my driver's licence not having my current address. I offered to provide him my cable bill (which according to the DOJ is a valid Proof of Residency (http://oag.ca.gov/firearms/resprf) but he said he needs a government doc stating my current address.
I see nothing on the DOJ/OAG website saying that I require a state doc stating my address.
http://oag.ca.gov/firearms/pubfaqs#3

Am is in the wrong here or is there something I'm missing?

Carnivore
05-08-2012, 10:48 PM
As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable


I would assume since you have only 10 days to notify the DMV of change of address you will need to do that first. With out that your license isn't technically valid. I would think the DOJ will kick it back not matching all other forms of proof of address.

CaliforniaLiberal
05-08-2012, 10:54 PM
Welcome to CalGuns Crasch.

This question comes up a lot.

Its common for FFLs to have their own ideas about what is sufficient ID, other than what's actually in the law. Bottom line is that they don't have to sell to you and you can follow their rules or take your business somewhere else. Once in a long while you can educate FFLs with proper citations of the law, but not often.

Sometimes they are just ignorant, sometimes they're given bad info by ATF or CA DOJ agents doing gun store audits. ATF and DOJ are the ones that can end their FFL license and put them out of business so they tend to do whatever they tell them.

Just ask them what they want and find a way to give it to them or go somewhere else.

smt77
05-08-2012, 11:06 PM
If your driver license does not have your correct address, the ATF requires a government document showing your current address. It's a federal requirement, not California's. The requirement is listed in the 4473 form's instructions.

TwitchALot
05-08-2012, 11:11 PM
I'm confused here. According to the California DOJ/OAG all am I required to buy
I'm buying a AR from a local gun dealer, and I paid for the gun but he will not start the DROS process due to my driver's licence not having my current address. I offered to provide him my cable bill (which according to the DOJ is a valid Proof of Residency (http://oag.ca.gov/firearms/resprf) but he said he needs a government doc stating my current address.
I see nothing on the DOJ/OAG website saying that I require a state doc stating my address.
http://oag.ca.gov/firearms/pubfaqs#3

Am is in the wrong here or is there something I'm missing?

In my view, and IANAL, you are missing something - federal law.

See this thread (http://www.calguns.net/calgunforum/showthread.php?t=327217) for more information. Bottom line - CA DOJ may accept your cable bill, but the ATF will not. See your 4473, Question 20B: Alternate Documentation. Your current residential address must be shown on a valid, government issued document. A good way to do this is if the options listed in that link do not apply is to get a Driver Record via your DMV, which will show your current address and is a government issued document that satisfy 4473 requirements.

crasch
05-08-2012, 11:20 PM
Thanks guys for pointing me to the right direction!

Mesa Tactical
05-09-2012, 6:42 AM
I recently transferred a rifle to a friend whose drivers license did not have his current address. The FFL accepted the printout from the DMV verifying that he changed the address on-line at dmv.ca.gov, so he didn't have to wait for the new license.

As has been noted above, different FFLs might interpret the instructions differently, but the FFL we used decided this counted as a government issued document.

CHS
05-09-2012, 6:04 PM
If your driver license does not have your correct address, the ATF requires a government document showing your current address. It's a federal requirement, not California's. The requirement is listed in the 4473 form's instructions.

This right here is the correct answer. This is a Federal/4473 issue, not a California/DOJ/DROS issue.