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View Full Version : poof of fed residency?????


416stroker
10-01-2007, 7:37 PM
what works for the fed proof of residency ? all i can find is some tax booklets and w2s:confused:

Ford8N
10-02-2007, 5:37 AM
what works for the fed proof of residency ? all i can find is some tax booklets and w2s:confused:

This is the ATF's proof needed. If you have property out of state, you might want to pay for utilities too, to show "intent".




(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

416stroker
10-02-2007, 9:26 AM
hmm ok but i dont have anything out of state...they guy said i need to show ca redidency wich ive done and now he said i have to have somthing from the fed with my adress on it also but i havent read anythng saying i would have to well idk what it is i guess i gotta go in acnd c what he wasnt?

odysseus
10-02-2007, 9:56 AM
hmm ok but i dont have anything out of state...they guy said i need to show ca redidency wich ive done and now he said i have to have somthing from the fed with my adress on it also but i havent read anythng saying i would have to well idk what it is i guess i gotta go in acnd c what he wasnt?

Aside from your post being difficult to read, your question is unclear. "Fed" proof of residency? Why would you need that? This isn't for a DROS I presume where your driver's license and a power bill is good enough? There really isn't a "federal" proof of residency, except for possibly a passport that claims your national identity.

kalibear
10-02-2007, 10:37 AM
Your vehicle registration should count.

Fjold
10-02-2007, 11:28 AM
Aside from your post being difficult to read, your question is unclear. "Fed" proof of residency? Why would you need that? This isn't for a DROS I presume where your driver's license and a power bill is good enough? There really isn't a "federal" proof of residency, except for possibly a passport that claims your national identity.

Passports don't have your address on them. The only locations listed are the "Place of Birth" and the "Authority" which is the issuing office.

Librarian
10-02-2007, 1:08 PM
Possibly if you told us who it was who wants further proof of residency?

California requires (and you say you have satisfied) California Residency Requirement
No firearms dealer may deliver a handgun unless the intended recipient presents satisfactory documentation indicating that he or she is a California resident.

Satisfactory documentation includes a utility bill from within the last three months, a residential lease, a property deed, military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice.

Acceptable documentation does not include passports, account statements from financial institutions, or pay stubs. (Penal Code § 12071(b)(8).)

Ford8n quoted BATF "The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State."

Driver's license and some kind of acceptable bill, which satisfies CA residency, also establishes both 'presence' and 'an intention of making a home'. Citizenship is a different problem, but pretty much irrelevant, because 90-day resident aliens may also buy guns.

tenpercentfirearms
10-02-2007, 7:58 PM
Here is the deal. The state very clearly lays out what they consider proof of residency for handgun and alien transactions.

However, anytime your DL does not match the address listed on your 4473, you must provide proof of residency for the feds. So this is a very valid question, what do the feds consider proof of residency, because the state doesn't care on long guns.

I generally accept anything the state does for the feds, but I would like to know if I am being too severe as the feds might have a lower standard for proof of residency. Also, the feds might not even recognize your vehicle registration as proof of residency.

So the question remains and I would like to see it answered, what do the feds consider proof of residency when I have a customer buy a long gun and they DL does not match their 4473?

Mssr. Eleganté
10-02-2007, 9:53 PM
...So the question remains and I would like to see it answered, what do the feds consider proof of residency when I have a customer buy a long gun and they DL does not match their 4473?

ATF Rul. 2001-5 deals with this question, but they don't really give a list of acceptable types of ID. They say a second government issued identification document that has the correct current address is required, but the second form if ID doesn't have to have a photo as long as the first form of ID does.

So this seems to be even more strict than California's requirement as it rules out leases and utility bills since they aren't "government issued".

http://www.atf.gov/firearms/rules/2001-5.htm

It is ATF's position that a combination of documents may be used to satisfy the Brady Act's requirement for an identification document. The prospective transferee must present at least one valid document that meets the statutory definition of an identification document; i.e., it must bear the transferee's name and photograph, it must have been issued by a governmental entity, and it must be of a type intended or commonly accepted for identification purposes. ATF recognizes, however, that some valid government-issued identification documents do not include the bearer's current residence address. Such an identification document may be supplemented with another valid government-issued document that contains the necessary information.

Thus, for example, a licensee may accept a valid driver's license that accurately reflects the purchaser's name, date of birth, and photograph, along with a vehicle registration issued by the State indicating the transferee's current address. Licensees should note that if the law of the State that issued the driver's license provides that the driver's license is invalid due to any reason (i.e., the license is expired or is no longer valid due to an unreported change of address), then the driver's license may not be used for identification purposes under the Brady Act. If a licensee has reasonable cause to question the validity of an identification document, he or she should not proceed with the transfer until those questions can be resolved.

The original poster never said if his CA DL had an incorrect current address on it though. If his CA DL has a bad address then the above information applies. If his CA DL has the correct address then it is all he needs to satisfy the Federal requirement. A CA ID card from DMV would work too.

kalibear
10-02-2007, 10:37 PM
Will the USPS change of address confirmation letter count?

tenpercentfirearms
10-03-2007, 5:52 AM
That is not good. So what other government issued documents are there?

Vehicle Registration
Tax Forms
CCWs
DMV address change cards

What else can you guys think of?

Smokeybehr
10-03-2007, 8:03 AM
That is not good. So what other government issued documents are there?

Vehicle Registration
Tax Forms
CCWs
DMV address change cards

What else can you guys think of?

Any government-issued license should work, including FCC issued licenses.

slick_711
10-03-2007, 8:18 AM
That is not good. So what other government issued documents are there?

Vehicle Registration
Tax Forms
CCWs
DMV address change cards (must be stamped by DMV)

What else can you guys think of?

Pilot's Licenses will work, a city library card will work (silly huh?), depending on your area a water bill will work (San Diego for instance the water company is a city entity).