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Buying lower but Drivers license address isn't current

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  • brianm767
    Senior Member
    • Feb 2006
    • 2419

    Buying lower but Drivers license address isn't current

    Buddy wants to buy a lower but his CDL address hasn't been updated to his new address yet. It is the old federal limits apply CDL.

    Can he purchase with other supporting documents prior to getting his corrected CDL?

    He has applied fir the CDL correction and address changes to his vehicle registrations but has not received them yet.

    He does have a passport, and has other bills with his correct address. Does not have a CCW.

    What can he do?

    Thank you.
    Last edited by brianm767; 11-06-2021, 11:02 AM.
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Originally posted by brianm767
    Buddy wants to buy a lower but his CDL address hasn't been updated to his new address yet. It is the old federal limits apply CDL.

    Can he purchase with other supporting documents prior to getting his new real CDL?

    He does have a passport, and has other bills with his correct address. Does not have a CCW.

    What can he do?

    Thank you.
    So it will be classified as a long gun in dros which means its simply an ATF issue with showing a government issued document that has his name and current physical address on it.

    Comment

    • #3
      ????? ????
      Senior Member
      • May 2014
      • 991

      What could present a problem is that federal law under 27 CFR 478.11 requires a government-issued document containing "the name, residence address, date of birth, and photograph." So the problem is the driver license doesn't have the address. But ATF has officially said that a combination of government-issued documents can be used. So, there is a line on the 4473, 26.b, that is supposed to record the supplemental government-issued document with current address.

      The instructions for 4473, line 26.b says:

      The ATF gave an example of vehicle registration with current address plus driver license with old address as satisfying federal requirements. People have also used utility bills from government-owned utilities, hunting licenses, driving records printouts from DMV, and voter registration cards.

      But a lot of FFLs don't strictly enforce this federal law requirement of a government-issued document with current address.

      Under Californian law, Penal Code section 26845, a purchaser of a handgun need to present California ID as well as proof of residency in California. The California Attorney General's website at https://oag.ca.gov/firearms/dlrfaqs#14G lists what is usable for proof of residency in California. The proof of residency in California should have the current address, and doesn't have to match an old address on a driver license. All of the above applies to handgun purchases only, but a lot of gun stores just apply it to all purchases, because then they only have a single procedure to remember.

      California law under California Code of Regulations, TItle 11, section 4045.1 also requires that if you have a "Federal Limits Apply" license or ID card, you need to present additional documentation to prove legal presence in the United States. A passport is on the list of additional documents.

      Just call the FFL ahead of time and ask what they want.

      Comment

      • #4
        taperxz
        I need a LIFE!!
        • Feb 2010
        • 19395

        Originally posted by ΜΟΛΩΝ ΛΑΒΕ
        What could present a problem is that federal law under 27 CFR 478.11 requires a government-issued document containing "the name, residence address, date of birth, and photograph." So the problem is the driver license doesn't have the address. But ATF has officially said that a combination of government-issued documents can be used. So, there is a line on the 4473, 26.b, that is supposed to record the supplemental government-issued document with current address.

        The instructions for 4473, line 26.b says:
        Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the law. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of transferee/buyer may be supplemented by another valid, government-issued document showing the transferee’s/buyer’s residence address. This supplemental documentation must be recorded in question 26.b., with the issuing authority and type of identification presented. For example, if the transferee/buyer has two States of residence and is trying to buy a handgun in State X, he may provide a driver’s license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address. A valid electronic document from a government website may be used as supplemental documentation p provided it contains the transferee’s/buyer’s name and current residence address.

        The ATF gave an example of vehicle registration with current address plus driver license with old address as satisfying federal requirements. People have also used utility bills from government-owned utilities, hunting licenses, driving records printouts from DMV, and voter registration cards.

        But a lot of FFLs don't strictly enforce this federal law requirement of a government-issued document with current address.

        Under Californian law, Penal Code section 26845, a purchaser of a handgun need to present California ID as well as proof of residency in California. The California Attorney General's website at https://oag.ca.gov/firearms/dlrfaqs#14G lists what is usable for proof of residency in California. The proof of residency in California should have the current address, and doesn't have to match an old address on a driver license. All of the above applies to handgun purchases only, but a lot of gun stores just apply it to all purchases, because then they only have a single procedure to remember.

        California law under California Code of Regulations, TItle 11, section 4045.1 also requires that if you have a "Federal Limits Apply" license or ID card, you need to present additional documentation to prove legal presence in the United States. A passport is on the list of additional documents.

        Just call the FFL ahead of time and ask what they want.
        ATF does not require a photograph of the person on the supplemental residency on line 26B. California doesn not require proof of residency on a long gun.

        Comment

        • #5
          ????? ????
          Senior Member
          • May 2014
          • 991

          Originally posted by taperxz
          ATF does not require a photograph of the person on the supplemental residency on line 26B.
          Yes, that is correct. I wrote that federal law requires a combination of government-issued documents that would have name, residence address, date of birth, and photograph. The instructions I quoted say:

          I didn't say that the supplemental document had to have a photograph.

          I didn't write all of that to imply that "So it will be classified as a long gun in dros which means its simply an ATF issue with showing a government issued document that has his name and current physical address on it" is a wrong answer. I wrote all of that to answer the OP's question of what to do with a driver license with an old address.

          Comment

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