2nd Proof of CA Residency for Handguns Only?

[QuinnBayArea]

Do we need 2nd proof of CA Residency for Handguns only? That's what I was just told by DOJ. Not needed for long guns???

[Stoney Creek Arms]

Handguns only

[????? ????]

The short answer is California law requires proof of residency in California for handguns only.

That's why the FAQ on the California Department of Justice website at https://oag.ca.gov/firearms/dlrfaqs#14G is titled "What documentation is acceptable proof of residency for handgun purchasers?"

Longer, complete answer.

To purchase a firearm in California, you must have 1) proof of identity under federal law, and 2) proof of identity under California law. If you are purchasing a handgun in California, you must also have 3) proof of residency under California law.

Federal law regulates firearm purchases. California law regulates firearm purchases too. The federal laws do not replace or override California laws. California laws do not replace or override federal laws. For a single purchase, both federal law and California law must be followed.

Federal proof of identity

The federal law that regulates firearm purchases is Title 18 of the United States Code, section 922, subdivision (t), paragraph (1), usually abbreviated 18 USC 922(t)(1). This law was created by the Brady Act and instituted background checks.

18 USC 922(t)(1) says:

a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless--

(C)the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.

So to transfer a firearm under federal law, an FFL must see a valid identification document that has a photo, which is commonly called "proof of identity."

18 USC 1028(d)(3) defines:
So proof of identity under federal law is a government-issued document.

The ATF regulation is Title 27 of the Code of Federal Regulations, section 478.11. You can access the CFR online at https://regulations.atf.gov/478-11/2019-24301#478-11

27 CFR 478.11 further defines an identification document as:

A document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

So proof of identity under federal law is a government-issued document with name, address, date of birth, and photo.

There is also ATF Ruling 2001-5 available at https://www.atf.gov/file/83651/download

It says:

It is ATF's position that a combination of documents may be used to satisfy the Brady Act's requirement for an identification document. The prospective transferee must present at least one valid document that meets the statutory definition of an identification document; i.e., it must bear the transferee's name and photograph, it must have been issued by a governmental entity, and it must be of a type intended or commonly accepted for identification purposes. ATF recognizes, however, that some valid government-issued identification documents do not include the bearer's current residence address. Such an identification document may be supplemented with another valid government-issued document that contains the necessary information.

Thus, for example, a licensee may accept a valid driver's license that accurately reflects the purchaser's name, date of birth, and photograph, along with a vehicle registration issued by the State indicating the transferee's current address. Licensees should note that if the law of the State that issued the driver's license provides that the driver's license is invalid due to any reason (i.e., the license is expired or is no longer valid due to an unreported change of address), then the driver's license may not be used for identification purposes under the Brady Act. If a licensee has reasonable cause to question the validity of an identification document, he or she should not proceed with the transfer until those questions can be resolved.

So ATF has said that a combination of government-issued documents may be used for proof of identity under federal law. ATF has said if the photo ID does not have the current address, another government-issued document with address in combination with the photo ID will satisfy proof of identity under federal law.

For Californians with a driver license that doesn't have a current address, another government-issued document with a current address will in combination be proof of identity under federal law. Easily obtainable government-issued documents with current addresses are car registration from California DMV, a H-6 driving record from California DMV, voter registration confirmation from the county Registrar of Voters, or a utility bill from a government-owned utility. Los Angeles's Department of Water and Power, the Sacramento Municipal Utility District, the Imperial Irrigation District, and the San Francisco Public Utilities Commission are examples of government-owned utilities. PG&E, SDG&E, SoCal Edison, and SoCal Gas, are all examples of privately-owned utilities.

That's it for proof of identity under federal law.

California proof of identity for all firearm purchases
California law has requirements for firearm purchases. California law may use the same terms as federal law, but California law IS NOT THE SAME as federal law.

First, California law requires proof of identity for any firearm purchase.

California Penal Code section 27540, says:

Penal Code section 16400 defines "clear evidence of the person's identity and age" as:

So proof of identity under California law and not under federal law, is only a California driver's license or a California ID card.

The California Department of Justice regulations, at Title 11 of the California Code of Regulations, section 4045.1, abbreviated 11 CCR 4045.1, ask for additional documents if a person has a federal non-compliant California driver license or identification card which will have the words "FEDERAL LIMITS APPLY". Those documents will prove lawful presence in the United States. Common used documents for this purpose are a birth certificate or a passport.

California proof of residency for handgun acquisitions

Second, California law requires proof of residency for handgun purchases.

Penal Code section 26845 says:

(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.

Title 11 of the California Code of Regulations, section 4045, abbreviated 11 CCR 4045, defines all of the terms used in PC26845, including "other evidence of residency."

11 CCR 4045 says:

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.

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.

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.

c.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.

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.

d.2. A valid peace officer credential issued by a California law enforcement agency to an active, reserve, or retired peace officer.

So for handgun purchases, California requires proof of residency. There is a list of documents that are acceptable for proof of residency. The documents should be dated in some way. Like a utility bill from the previous three months. Or a yearly lease. A month-to-month lease doesn't have a fixed date on it. I like using my FFL03 license because it's government-issued and has a specified period of validity and has my name and address. And I always have my FFL03 handy at gun stores because it's useful for so many other things.

The California DOJ provides a list of examples of what is acceptable for proof of residency and what is not acceptable for proof of residency at https://oag.ca.gov/firearms/dlrfaqs#14G

A year-long fishing license is on the list.

A "brown card" from the California Department of Motor Vehicle, DMV form DL 43, is given at DMV offices to people who change their address on record from what is listed on the hard plastic license. It is common for the DMV employee to stamp a date on it. But a "brown card" does not have an expiration date.

A cell phone bill is not a utility bill. A cell phone is not over a physical connection or at a fixed location.

An insurance bill is not anywhere in what is listed as acceptable for proof of residency. A W-2 is not listed. A tax return is not listed. A pay stub is not listed. An insurance card is not listed.

A voter registration confirmation card is issued by county government. It does not have an expiration date.

So to repeat, 1) federal proof of identity, 2) California proof of identity, and 3) California proof of residency. I use a REAL ID-compliant ID card and a FFL03 license to satisfy all three.