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  • crasch
    Junior Member
    • Dec 2011
    • 24

    Question on buying a AR

    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 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.
    Public Where do I find laws regarding the possession of firearms? I'm not sure whether I have a California record that would prevent me from owning/possessing a firearm. Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? How can I obtain a Carry Concealed Weapon (CCW) license? Can I give a firearm to my adult child? Can he/she give it back to me later? Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?


    Am is in the wrong here or is there something I'm missing?
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  • #2
    Carnivore
    Senior Member
    • Aug 2009
    • 1813

    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.
    Last edited by Carnivore; 05-09-2012, 12:55 AM.
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    • #3
      CaliforniaLiberal
      #1 Bull Goose Loony
      CGN Contributor - Lifetime
      • Jan 2008
      • 4690

      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.
      Better Way to Search CalGuns - https://www.google.com/cse/home?cx=0...78:pzxbzjzh1zk
      CA Bill Search - https://leginfo.legislature.ca.gov
      California Rifle and Pistol Association - http://crpa.org/
      Sacramento County Sheriff Concealed Carry Info - Search 'Concealed Weapons Permit Information Sacramento'
      Second Amendment Foundation - http://www.saf.org
      Animated US Map Showing Progress of Concealed Carry Laws 1986 to 2021 http://www.gun-nuttery.com/rtc.php

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      • #4
        smt77
        Junior Member
        • Sep 2009
        • 95

        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.

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        • #5
          TwitchALot
          Member
          • Dec 2007
          • 314

          Originally posted by crasch
          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 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.
          Public Where do I find laws regarding the possession of firearms? I'm not sure whether I have a California record that would prevent me from owning/possessing a firearm. Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? How can I obtain a Carry Concealed Weapon (CCW) license? Can I give a firearm to my adult child? Can he/she give it back to me later? Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?


          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 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.
          Last edited by TwitchALot; 05-09-2012, 1:14 AM.

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          • #6
            crasch
            Junior Member
            • Dec 2011
            • 24

            Thanks guys for pointing me to the right direction!
            -----------------------------------------------------------------------
            Embarking on a great crusade to stamp out runaway decency in the west.
            -----------------------------------------------------------------------

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            • #7
              Mesa Tactical
              Senior Member
              • Oct 2004
              • 1746

              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.
              Lucy at www.mesatactical.com

              Comment

              • #8
                CHS
                Moderator Emeritus
                CGN Contributor - Lifetime
                • Jan 2008
                • 11338

                Originally posted by smt77
                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.
                Please read the Calguns Wiki
                Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

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