FLA ID/DL for LEO

[ugimports]

I have a state LEO that has a Federal Limits Apply DL. Is his Police ID sufficient proof of legal residency?

It's not listed here: https://oag.ca.gov/system/files/atta...er-alert_0.pdf

But at the same time, can you be a sworn LEO of any CA agency AND not be a lawful permanent resident/US Citizen? If the answer is no then the police ID should be sufficient, no?

I'm going to reach out to DOJ rep, but not sure if they are working yet.

[Librarian]

11 CCR 4045

...
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.

Looks like the DL is not relevant to residency for credentialed LE.

[ugimports]

11 CCR 4045
Looks like the DL is not relevant to residency for credentialed LE.

I thought we had to check for passports / birth certs to make sure they were citizens/greencard/visa holders? The whole RealID Fiasco. Isn't that PC just the proof of CA residency vs US citizenship? I know I don't need to ask for a utility bill/car reg, etc..which I thought the PC you quoted supports that piece.

[????? ????]

11 CCR 4045 addresses proof of residence in California, which is required in handgun transactions.

ugimports is asking about proof of legal residence within the United States, as in what happens when someone has a Federal Limits Apply identification. The list of documentation acceptable in those cases to prove legal residence is in 11 CCR 4045.1, which is also printed on the DOJ website at https://oag.ca.gov/sites/all/files/a...ocs-4045-1.pdf

I would believe that even for sworn law enforcement officers, if he or she has a FLA card, he or she would still need to present the documents in 11 CCR 4045.1. Which I admit doesn't make much sense, because under Government Code section 1031 and 1031.5, to be a peace officer or a peace officer trainee in California, a person has to be either a citizen or a permanent resident alien (aka a 'green card' holder). Though because of a shortage of qualified officers, there are jurisdictions outside of California that have allowed non-citizens and non-immigrants to become officers.

[ugimports]

11 CCR 4045 addresses proof of residence in California, which is required in handgun transactions.

ugimports is asking about proof of legal residence within the United States, as in what happens when someone has a Federal Limits Apply identification. The list of documentation acceptable in those cases to prove legal residence is in 11 CCR 4045.1, which is also printed on the DOJ website at https://oag.ca.gov/sites/all/files/a...ocs-4045-1.pdf

I would believe that even for sworn law enforcement officers, if he or she has a FLA card, he or she would still need to present the documents in 11 CCR 4045.1. Which I admit doesn't make much sense, because under Government Code section 1031 and 1031.5, to be a peace officer or a peace officer trainee in California, a person has to be either a citizen or a permanent resident alien (aka a 'green card' holder). Though because of a shortage of qualified officers, there are jurisdictions outside of California that have allowed non-citizens and non-immigrants to become officers.

That's what I was afraid of.. I'll see what DOJ comes back with as well. I just hate having the "last place accepted just these documents, why can't you" discussions.

[Samoset]

There is a simple answer. If the individual chooses not to have a Real ID (for any reason), then they go for a "simple" drivers license renewal. That renewal does not require proof of actual residency and the replacement card will be mailed to the address provided (but not verified). The citizenship or residency proof is not required.

If a person has sufficient travel documents as a Passport, a Global Entry Card, or even a Transportation Worker Identification Card (TWIC), then the Real ID is just another useless card requiring you to jump through hoops.

[Quiet]

Applicable CA regulations...

California Code of Regulations Title 11 Division 5 Chapter 4 Article 2 Section 4045.1

[ugimports]

Applicable CA regulations...

California Code of Regulations Title 11 Division 5 Chapter 4 Article 2 Section 4045.1

TLDR; DOJ said look at the list quiet quoted. If it's not there (police IDs are not) then it doesn't count.

[0321 U.S.M.C]

[QUOTE=ugimports;24554572]I have a state LEO that has a Federal Limits Apply DL. Is his Police ID sufficient proof of legal residency?

Not according to my DOJ rep.