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Old 12-08-2012, 2:31 PM
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Default Secondary proof of residency question

I did a PPT at Turners in Corona
Presented my California ID card and as a gov document I gave him my DD-214 which lists my current address the guy said the bill or document has to have an expiration okay, so after searching my car I found my GI Bill letter of eligibility which has a start and end date. The guy says since the date I received my eligibility was in aug of this year it wouldn't work, it must be current.
The seller provided a cable lock with the purchase but of course the guy said no saying it has to be provided by the original manufacturer and I must buy one


Thank you for your response I know this have been done to death but DD 214 is a new twist
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Old 12-08-2012, 2:49 PM
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Quote:
Originally Posted by todd2968 View Post
I did a PPT at Turners in Corona
Presented my California ID card and as a gov document I gave him my DD-214 which lists my current address the guy said the bill or document has to have an expiration okay, so after searching my car I found my GI Bill letter of eligibility which has a start and end date. The guy says since the date I received my eligibility was in aug of this year it wouldn't work, it must be current.
here are the PoR regulations, do you see a DD-214 as meeting those regs.


The following definitions and requirements apply to documents intended to serve as evidence of residency for the acquisition of a handgun pursuant to Penal Code section 26845:

a.1. “Utility bill” means a statement of charges for providing direct service to the individual's residence by either a physical connection (i.e., hard wired telephone or cable connection, or a water or gas pipeline connection), or a telemetric connection (i.e., satellite television or radio broadcast service) to a non-mobile, fixed antenna reception device.

2. The utility bill statement date must be within three months of the current date.

3. The utility bill must bear on its face the individual's name and either of the following:

A. The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form.

B. The individual's residential address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

b.1. “Residential lease” means either of the following:

A. A signed and dated contract by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration for the right to occupy an abode for a specified period of time.

B. A signed and dated rental agreement by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration at fixed intervals for the right to occupy an abode.

2. The residential lease must bear the individual's name and either of the following:

A. The individual's current residential address as declared on the DROS form.

B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

c.1. “Property deed” means either of the following:

A. A valid deed of trust for the individual's property of current residence that identifies the individual as a grantee of the trust.

B. A valid Certificate of Title issued by a licensed title insurance company that identifies the individual as a title holder to his or her property of current residence.

2. The property deed must bear the individual's name and either of the following:

A. The individual's current residential address as declared on the DROS form.

B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

d. “Other evidence of residency as permitted by the Department of Justice” means either of the following:

1. A current, government-issued (city, county, special district, state, or federal) license, permit, or registration, other than a California Driver License or California Identification Card, that has a specified expiration date or period of validity. The license, permit, or registration must bear the individual's name and either of the following:

A. The individual's current residential address as declared on the DROS form.

B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

2. A valid peace officer credential issued by a California law enforcement agency to an active, reserve, or retired peace officer.




Quote:
The seller provided a cable lock with the purchase but of course the guy said no saying it has to be provided by the original manufacturer and I must buy one


Thank you for your response I know this have been done to death but DD 214 is a new twist
you can blame the feds for this one. they passed the child handgun safety lock 7 years ago and have not written the regulations to explain the law. As such, dealers have to try to figure out how to comply with the law when there are questions such as can a PPT-seller provide the lock to comply with the law.
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Old 12-08-2012, 3:11 PM
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Section 26845.
(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.
(b) Satisfactory documentation shall include a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice.
(c) The firearms dealer shall retain a photocopy of the documentation as proof of compliance with this requirement.

http://ca.regstoday.com/law/pen/ca.r..._CHAPTER2.aspx

How did you get specific info from the DOJ?
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Old 12-08-2012, 3:21 PM
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Quote:
Originally Posted by todd2968 View Post
Section 26845.
(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.
(b) Satisfactory documentation shall include a utility bill from within the last three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the Department of Justice.
(c) The firearms dealer shall retain a photocopy of the documentation as proof of compliance with this requirement.

http://ca.regstoday.com/law/pen/ca.r..._CHAPTER2.aspx
DD-214 doesn't fit under any of the underlined section, so you have ot rely on the bolded part.


Quote:
How did you get specific info from the DOJ?
http://government.westlaw.com/linked...sp?SP=CCR-1000 is where you see the regulations that cover the bolded part.

11 CCR § 4045

Cal. Admin. Code tit. 11, § 4045

Barclays Official California Code of Regulations Currentness
Title 11. Law
Division 5. Firearms Regulations
Chapter 4. Evidence of Residency Documentation
§ 4045. Definitions and Requirements.
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Old 12-08-2012, 3:30 PM
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Gotta love CA's DOJ in the specific penal code it says military pcs oders will work but if you look in the DOJ it makes no mention of this. I've been turned down several time for ID CARD and PCS orders alone.
I guess I'll buy another cable lock and return it. It's going in the safe but of course that only works for long guns.

Thanks for the info
I don't know how FFL's stand selling in this crazy state
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Old 12-08-2012, 4:11 PM
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Quote:
Originally Posted by todd2968 View Post
I've been turned down several time for ID CARD and PCS orders alone.

I don't know how FFL's stand selling in this crazy state
Shouldn't have been turned down - DOJ says that's OK.
Quote:
What identification is required for a person to purchase a firearm?

Clear evidence of identity and age is defined as a valid California driver's license or a valid California Identification Card issued by the DMV. Military identification is also acceptable if accompanied by permanent duty station orders indicating a posting in California, but the dealer must retain copies of both documents.
http://oag.ca.gov/firearms/dlrfaqs#14G
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Old 12-08-2012, 4:31 PM
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I was told that military orders and ID card does not specify specific address residing. I used for awhile a statement of service from my command that specified my address and that worked, even though it is wrong they are the gate keepers.
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