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Proof of Residency confusion

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  • Murrok
    Junior Member
    • Aug 2014
    • 4

    Proof of Residency confusion

    So I was under the impression that you could not use a hunting or fishing license as a secondary proof of residency for a handgun.

    From DoJ website
    Examples of documents that are NOT acceptable proof of residency:
    Hunting or fishing license (these documents are not issued by the government).
    Email I got back from the shop I had asked a question on what they take.
    We accept a hunting or fishing licence as they are state issued. We need a valid drivers licence and something that matches the address on your drivers licence.
    So am I reading this correct? Or are they just saying that my primary proof of residence can be a hunting or fishing license as long as the address matches my ID?
    Last edited by Murrok; 09-04-2014, 11:25 AM.
  • #2
    Marktallica
    Member
    • Feb 2014
    • 369

    Your initial assumption is correct, from everything I've ever heard or read. I would show the shop the DOJ regulation and ask for clarification. Given the anti-gun attitude of many prosecutors and politicians, following the law to the letter is extremely important here.

    Sent from my SM-N900V using Tapatalk
    All I ask is the right to own the same weapons I paid for the Taliban to own.
    -Michael Malice.

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    • #3
      CK_32
      I need a LIFE!!
      • Sep 2010
      • 14369

      Shop policy and DOJ approval are not the same thing. Shops can accept and decline any proof of residency they are unsure about. It's their business and license that's on the line so they tell you what they accept or don't accept under their understanding of the law. Many shops will not accept anything outside of DL/ID, and car reg or utility bill. Some will.

      It may be ok on the DOJ web site but again shops can make their own policies which they accept or don't accept. Many don't accept the non normal proofs just to keep it simple. Some do to make the customer happy and allow all or most options to allow the purchase to continue. But again it's their business on the line so they have the final say. If they accept hunting or fishing license then use it, again their a** on the line not yours. I'm sure it will work fine.
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      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        CA laws/regulations regarding proof of residency...

        11 CCR 4045
        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.
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        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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        • #5
          Condorguns
          Still lost in the desert
          CGN Contributor - Lifetime
          • Dec 2007
          • 3302

          Ok...here we go. This has changed, but not on the web site yet. As FFL's we have asked if we could start using hunting license now that they have changed the way they are issued. DOJ as said that yes, we can now used a valid hunting license.

          Last edited by Condorguns; 09-04-2014, 12:38 PM. Reason: added thread link
          You, you, and you: Panic. The rest of you, come with me.
          Incoming fire has the right of way.

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          • #6
            Murrok
            Junior Member
            • Aug 2014
            • 4

            Originally posted by Condorguns
            Ok...here we go. This has changed, but not on the web site yet. As FFL's we have asked if we could start using hunting license now that they have changed the way they are issued. DOJ as said that yes, we can now used a valid hunting license.

            http://www.calguns.net/calgunforum/s...d.php?t=964478
            Ah okay, so they didn't update their website, but they are now acceptable forms of residency.

            Thank you for answering. This didn't show up in any of my searches.

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            • #7
              Condorguns
              Still lost in the desert
              CGN Contributor - Lifetime
              • Dec 2007
              • 3302

              Originally posted by Murrok
              Ah okay, so they didn't update their website, but they are now acceptable forms of residency.

              Thank you for answering. This didn't show up in any of my searches.
              No problem. It's been confusing for us FFL's also.
              You, you, and you: Panic. The rest of you, come with me.
              Incoming fire has the right of way.

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              • #8
                Josh3239
                Calguns Addict
                • Dec 2006
                • 9197

                Originally posted by CK_32
                Shop policy and DOJ approval are not the same thing.
                Something a lot of people don't seem to understand unfortunately. The most common way a shop learns not to take something is because their auditor penalized them for accepting it before.

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                • #9
                  mr2ndamendment
                  Member
                  • Aug 2013
                  • 451

                  We always encountered this issue all the time. Customers would come in the shop and want to using a hunting license for proof of res. We wouldn't take it just to error on the side of caution. When they asked why, we'd ask who issued them the permit. "California of course." Really? You went up to Sacramento and got it? California sent it to you in the mail? You get a hunting license by buying one at Big 5. Yes it's a state document but it's not given or issued to you by the state and to keep things safe, we wouldn't take it.
                  VMI '11
                  11B
                  NRA Life Member, RSO, Rifle/Pistol Instructor

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                  • #10
                    Condorguns
                    Still lost in the desert
                    CGN Contributor - Lifetime
                    • Dec 2007
                    • 3302

                    Originally posted by mr2ndamendment
                    We always encountered this issue all the time. Customers would come in the shop and want to using a hunting license for proof of res. We wouldn't take it just to error on the side of caution. When they asked why, we'd ask who issued them the permit. "California of course." Really? You went up to Sacramento and got it? California sent it to you in the mail? You get a hunting license by buying one at Big 5. Yes it's a state document but it's not given or issued to you by the state and to keep things safe, we wouldn't take it.
                    And that is what changed. You no longer go to Big 5 to get a hunting license. Now you go to http://www.dfg.ca.gov/licensing/.

                    It is now issued by CA DFG, thus falls under the ". 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"
                    You, you, and you: Panic. The rest of you, come with me.
                    Incoming fire has the right of way.

                    Comment

                    • #11
                      CK_32
                      I need a LIFE!!
                      • Sep 2010
                      • 14369

                      Originally posted by Josh3239
                      Something a lot of people don't seem to understand unfortunately. The most common way a shop learns not to take something is because their auditor penalized them for accepting it before.
                      And the fact it's so easy to lose your FFL license from a small paperwork mistake. I don't blame most shops to err on the side of caution.
                      For Sale: AR500 Lvl III+ ASC Armor

                      What's Your Caliber??


                      My Youtube channel

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