Trouble proving residency

[ugimports]

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.

Why does the lease have to be monetary only?

From: https://oag.ca.gov/firearms/dlrfaqs#13G

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

The individual's current residential address as declared on the DROS form; or
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:
A signed and dated contract by which the individual (tenant) agrees to pay a specified monetary sum [b]or provide other consideration[b] for the right to occupy an abode for a specified period of time; or
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.

Also, it doesn't say monetary sum can't be $0.

[kemasa]

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

If the hunting license is issued by the state, not a business, and has the residence address and dates in which it is valid, then it meets the requirements for handguns unless something in the law specifically says that it is not allowed, which I am not aware of.

While the FAQ says that the lease needs to be notarized, the CA PC does not.

[sandiego67]

Why don't you address the root of the problem? Have him get a job, a car and get out from living with his mother. Work on becoming a functioning adult before worrying if he has access to buy a gun.

[MudCamper]

Why don't you address the root of the problem? Have him get a job, a car and get out from living with his mother. Work on becoming a functioning adult before worrying if he has access to buy a gun.

You make incorrect assumptions here. And he does have a job.

[Cokebottle]

You make incorrect assumptions here. And he does have a job.

So....
He can find a cheap 50cc scooter cheap.
Basic liability is cheap, registration is cheap, and the added benefit that he has his own transportation for short trips around town.

[Chewy65]

Why does the lease have to be monetary only?

From: https://oag.ca.gov/firearms/dlrfaqs#13G


Also, it doesn't say monetary sum can't be $0.

You are correct. The consideration need not be monetary. A Monetary sum of zero is no consideration; monetary or otherwise.

Kemasa: While the example given in the FAQ of acceptable proof of residency is a notarized rental agreement/contract, I don't believe the FAQ says that it must be notarized.

[MudCamper]

So....
He can find a cheap 50cc scooter cheap.
Basic liability is cheap, registration is cheap, and the added benefit that he has his own transportation for short trips around town.

Yeah, he's working on that (not a scooter, but transportation). But this is all unrelated to my question. And he already purchased the gun, with his tax return. So I was looking for a solution with a shorter timeline.

This is something that could effect lot's of people for differing reasons (live with a family member and use public transit for example).

[ugimports]

So, did the dealer you're working through accept the lease agreement?

[MudCamper]

So, did the dealer you're working through accept the lease agreement?

They require that we get it notarized first.

[ugimports]

They require that we get it notarized first.

Well, at least you have a path forward.

[kemasa]

That is funny, the only lease that would ever get notarized would be so that the person could buy a firearm and the FFL did not bother to read the actual CA PC.

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.

Notice what it does NOT say? It does not have a requirement that the lease be notarized and I suspect if you ask real estate people that no one would say that a lease had to be notarized.

It is also interesting that instead of just dealing with the question, some want to go after to person involved, perhaps because they have a strong hidden desire to be Dr. Phil or something. The reasons are not relevant.

[MudCamper]

That is funny, the only lease that would ever get notarized would be so that the person could buy a firearm and the FFL did not bother to read the actual CA PC.

Agreed. It's all based on bad examples on the DOJ BOF online FAQ. The FFL in this case is stating that the DOJ audited them last year and during that audit said they need to get leases notarized. True? Who knows. At least there is some path to take in this case.

[kemasa]

I just looked at the CA DOJ FAQ. It is quite interesting and somewhat deceptive. If you look at the FAQ for the public, it mentions the lease, but not being notarized. For the FAQ for dealers, it just gives an example of what is acceptable, but it does not say that it is required for the lease to be notarized. I suspect some who look at it think that it means that it is a requirement, but it isn't. Yes, a notarized lease would would, but so would a non-notarized lease.

I also asked a person who has been in real estate for a long time and she has NEVER seen a notarized lease.

It might be that the CA DOJ inspector said that, but it is still bogus and should be fought.

[MudCamper]

Final result of this situation is that the FFL accepted the notarized lease, for $0 (zero dollars) per month by the way, and DROSed the gun.