Trouble proving residency

[MudCamper]

Here's the situation.

My girlfriend's adult son lives with us. He does not own a car. The only thing like a utility in his name is his cell phone bill (no land line, no paper bills).

He's trying to buy a hand gun. FFL requires DL and DMV registration. He has a DL and it has our address on it.

Now I know there are both federal and state proof of residency requirements, and that they are different (link), but I don't think he has any of these.

Is there some way for him to prove the residnecy requirements?

Thanks.

[NorCalFocus]

He has a FSC card correct?

If so mom can buy the gun, then gift it to him using this form.

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

He gets the gun from mom, fills out this form, and send it in with a check for $19.

[SkyHawk]

You could write him a residential lease document, see this https://oag.ca.gov/firearms/dlrfaqs#13G

Residential lease that bears the individual's name and either of the following:

1. The individual's current residential address as declared on the DROS form; or
2. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

"Residential lease" means either of the following:

1. 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; or
2. 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.

It could be agrees to mow the lawn every 2 weeks for the right to occupy the dwelling, or that he pays $1 every two weeks, etc.

[MudCamper]

He has a FSC card correct?

If so mom can buy the gun, then gift it to him using this form.

Perhaps, but that is getting too close to a straw purchase for my comfort level.

You could write him a residential lease document, see this https://oag.ca.gov/firearms/dlrfaqs#13G

It could be agrees to mow the lawn every 2 weeks for the right to occupy the dweeling.

If it could really be something that simple, then it could work. He isn't presently paying any money, so a monetary lease isn't possible.


From reading this thread, it sounds like just getting a fishing license would work. That correct?

[NorCalFocus]

Perhaps, but that is getting too close to a straw purchase for my comfort level.

I don't see it that way. Buying a gun for a gift then transferring it to the new owner is far from a straw purchase.

[roger1022]

Perhaps, but that is getting too close to a straw purchase for my comfort level.



If it could really be something that simple, then it could work. He isn't presently paying any money, so a monetary lease isn't possible.


From reading this thread, it sounds like just getting a fishing license would work. That correct?

From this thread there still seems to be some ambiguity if fishing/hunting licenses are accepted as POR.

A signed rental agreement would be the best. A buddy who worked at a gun shop regularly saw customers bring in rental agreements with the all the signatures (landlord, resident) and that was what the FFL wanted for POR.

[Cokebottle]

I don't see it that way. Buying a gun for a gift then transferring it to the new owner is far from a straw purchase.

But that is not the case here.
He wants to buy it, so it would be his money paying for it whether he gives the money to mom or not.

It has to be a genuine gift to be clean.

Librarian has posted a link to the old Wiki that gave examples and code sections, I don't have that now.
It's not technically a "straw purchase" because he is not prohibited, but it is an unlawful transfer path, same as asking a LEO to buy an off-roster gun that you later buy from him or that he later "gives" to you.

There is a legal problem if the ultimate ownership intent is present at the time of the original purchase.
As with assembling a rebuild kit into a large capacity magazine, just because something is difficult to prosecute does not make it legal.
In this case there is enough of a paper trail to pose a real legal risk.

[MudCamper]

I don't see it that way. Buying a gun for a gift then transferring it to the new owner is far from a straw purchase.

Giving money to another party to buy a gun for you is in fact a straw purchase. Whether or not it's your parent is irrelevant. Whether or not both parties can legally purchase is irrelevant. Whether or not the second transfer is conducted legally is irrelevant. This is exactly how Abramski got convicted, and then lost at the Supreme Court.

[MudCamper]

From this thread there still seems to be some ambiguity if fishing/hunting licenses are accepted as POR.

A signed rental agreement would be the best. A buddy who worked at a gun shop regularly saw customers bring in rental agreements with the all the signatures (landlord, resident) and that was what the FFL wanted for POR.

This sucks. License from the state is no-go, but a bogus lease agreement is.

[ugimports]

Why is a lease agreement bogus? I regularly tell customers in this same position to use our sample template: http://www.ugimports.com/docs/Reside..._Agreement.pdf

However, it doesn't matter if I accept it. It matters if the FFL you are using will accept it. There are many FFLs that will ask for more or sometimes less than what is required by law. You may have other documents that are technically legal, but the FFL won't accept. Best bet at that point is to find a better FFL/LGS to go to.

It may be a hassle to drive down to Fremont as I'd have to think between here and Sebastopol there's a closer shop that knows the law.

I know a guy in American Canyon, but I still don't think you should have to drive that far. Hopefully, some others in your area can speak up for a shop in the area. I *think* a member here ZirconJohn (sp?) might be much closer, but I don't recall exactly where he's at.

[kemasa]

If so mom can buy the gun, then gift it to him using this form.

That is a clear cut straw purchase since the mother is NOT buying it for herself nor is it actually a gift.

...
If it could really be something that simple, then it could work. He isn't presently paying any money, so a monetary lease isn't possible.

He can start paying rent, such as $1/month. He could also get a Ham radio license, fire permit, etc.

This sucks. License from the state is no-go, but a bogus lease agreement is.

It is not a bogus lease since he lives there. What is bogus is that for handguns a CA ID/DL is not proof of residency, but for long guns it is. It also says that if you don't have a residence you right to keep and bear arms is revoked. Imagine living in an RV and only having a mailing address.

[Pally]

"He can start paying rent, such as $1/month. He could also get a Ham radio license, fire permit, etc."

I have a friend who has a residency problem, too. What is a fire permit?

[Chewy65]

the lease has to monetary, so forget mowing the lawn. Why not just put one of the utilities (make sure it is a government issued one) in his name? Yes, it would clearly be a straw purchase to identify the mother as the purchaser, when the true purchaser is the son and this is not a gift.

[kemasa]

"
I have a friend who has a residency problem, too. What is a fire permit?

It is a permit to have a campfire, including a camp stove. You can get it from the NFS offices. It is also possible to get it online, but that would not be as good.

[edgerly779]

Hunting license only good for long guns not handguns. No bearing on this post.Get a notarized lease and fsc and go buy handgun.