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  • dtm925
    Senior Member
    • Sep 2010
    • 671

    Residential room lease agreement - question

    I just did a ppt and flew through the background check. I've waited over 10 days and now want to pick up my handgun. I'm using my valid CA drivers license and a residential Lease room agreement as my proof of residency. The place that did the DROS says the lease needs to be Notarized as well as have the seal of California attached to the document. I called the DOJ and they told me it does not need to be notarized. However, they said nothing about having the California seal attached. I've used the same lease agreement multiple times before when purchasing handguns. I don't want to get the FFL in trouble if I provide the wrong thing. I'm stuck and cannot pickup my firearm. What is your experience? Any advise is appreciated. Thank you.
  • #2
    Lives_In_Fresno
    Senior Member
    • Dec 2011
    • 818

    I do not believe that any seal is needed....After all, what landlord would even have such a seal?

    Comment

    • #3
      outdoorman
      Member
      • Oct 2011
      • 258

      do you have any type of vehicle registration with the address that matches your license/ lease agreement?

      Comment

      • #4
        Matt C
        Calguns Addict
        • Feb 2006
        • 7128

        LOL, what seal? arsehats

        here print this out and tape it on:
        I do not provide legal services or practice law (yet).

        The troublemaker formerly known as Blackwater OPS.

        Comment

        • #5
          Deucer
          Senior Member
          • Jul 2010
          • 716

          Originally posted by dtm925
          I just did a ppt and flew through the background check. I've waited over 10 days and now want to pick up my handgun. I'm using my valid CA drivers license and a residential Lease room agreement as my proof of residency. The place that did the DROS says the lease needs to be Notarized as well as have the seal of California attached to the document. I called the DOJ and they told me it does not need to be notarized. However, they said nothing about having the California seal attached. I've used the same lease agreement multiple times before when purchasing handguns. I don't want to get the FFL in trouble if I provide the wrong thing. I'm stuck and cannot pickup my firearm. What is your experience? Any advise is appreciated. Thank you.
          The FFL is doing you a disservice by holding on to your gun for longer than they should. I'd call them up and let them know that they need to release your property.
          LET'S GO SHARKS!
          LET'S GO GIANTS!

          "Clearly you spend way too much time in darkened rooms in front of your computer. Go outside once in a while and breathe before your brain starts to rot from all that stagnation and cognitive dysfunction. You couldn't get a clue during clue mating season in a field of clues if you dipped your body in musk and did the clue mating dance. Leave me alone with all of this nonsense and go shoot them for yourself."

          Comment

          • #6
            dtm925
            Senior Member
            • Sep 2010
            • 671

            They will not release with out the items stated. I'm staying in LA and they are in Kern county. I don't know what to do.
            Last edited by dtm925; 02-24-2012, 5:34 PM.

            Comment

            • #7
              halifax
              Veteran Member
              • Oct 2005
              • 4440

              Originally posted by Lives_In_Fresno
              I do not believe that any seal is needed....After all, what landlord would even have such a seal?
              Not the landlords, the notary, I suspect. The dealer is probably going by this incorrect FAQ answer on the DOJ website:

              What documentation is acceptable to demonstrate proof of residency for handgun purchasers?

              What documentation is acceptable to demonstrate proof of residency for handgun purchasers?

              Utility bill from within the past three months that bears on its face the individual's name and either of the following:
              The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form

              or

              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.
              "Utility bill" means a statement of charges for providing service to the individual's residence by either a physical connection (i.e., hard wired telephone connection or cable connection, or a water or gas pipeline connection) or a telemetric connection (i.e., satellite television or radio broadcast service) to a non-mobile, fixed antenna reception device.

              Residential lease that bears the individual's name and either of the following:
              The individual's current residential address as declared on the Dealer's Record of Sale (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 or provide other consideration 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.
              Property deed the bears the individual's name and either of the following:
              The individual's current residential address as declared on the Dealer's Record of Sale (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.
              "Property deed" means either or the following:

              A valid deed of trust for the individual's property of current residence that identifies the individual as a grantee of the trust
              or

              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.
              Current, government-issued license, permit, or registration, other than a CA Driver License or CA 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:
              The individual's current residential address as declared on the Dealer's Record of Sale (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.
              Examples of acceptable proof of residency:

              Current DMV registrations.
              Electricity, gas, cable bill with purchaser's name onit from within the last 3 months.
              Signed, dated and notarized rental agreement/contract.

              Examples of documents that are NOT acceptable proof of residency:

              Hunting or fishing license (these documents are not issued by the government).
              Cellular phone bill.

              Jim


              sigpic

              Comment

              • #8
                dtm925
                Senior Member
                • Sep 2010
                • 671

                So you believe that I don't need either.

                Comment

                • #9
                  halifax
                  Veteran Member
                  • Oct 2005
                  • 4440

                  Originally posted by dtm925
                  So you believe that I don't need either.
                  The law doesn't say notarized so I don't know where the "example" given in the FAQ came from. Maybe Librarian does.

                  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.
                  To answer your question: Your FFL certainly is entitled to interpret the example as being the law and require that the lease have a notary's signature and seal on it.
                  Last edited by halifax; 02-24-2012, 7:42 PM.
                  Jim


                  sigpic

                  Comment

                  • #10
                    dtm925
                    Senior Member
                    • Sep 2010
                    • 671

                    How do you think I should handle the FFL?

                    Comment

                    • #11
                      halifax
                      Veteran Member
                      • Oct 2005
                      • 4440

                      Originally posted by dtm925
                      How do you think I should handle the FFL?
                      See my edit above. I don't think you can "handle" the FFL if he insists.
                      Jim


                      sigpic

                      Comment

                      • #12
                        dtm925
                        Senior Member
                        • Sep 2010
                        • 671

                        I looked under the DOJ rules for what a residential lease agreement is and my lease fulfills every requirement. The address is the same that's on my California issued drivers license, my DROS paperwork, as well the lease. Both my name is stated on all three of those same documents. Again no place where it states these items must be notarized.



                        Now I'm all confused...

                        Comment

                        • #13
                          Deucer
                          Senior Member
                          • Jul 2010
                          • 716

                          Originally posted by dtm925
                          How do you think I should handle the FFL?
                          Have him call the DOJ, to clarify the situation.

                          If he still refuses, I'd name the business here.

                          He can legally refuse you for any reason he likes, but if someone wasted a bunch of my time and money, I'd let others know about it.
                          LET'S GO SHARKS!
                          LET'S GO GIANTS!

                          "Clearly you spend way too much time in darkened rooms in front of your computer. Go outside once in a while and breathe before your brain starts to rot from all that stagnation and cognitive dysfunction. You couldn't get a clue during clue mating season in a field of clues if you dipped your body in musk and did the clue mating dance. Leave me alone with all of this nonsense and go shoot them for yourself."

                          Comment

                          • #14
                            Deucer
                            Senior Member
                            • Jul 2010
                            • 716

                            Originally posted by dtm925
                            I looked under the DOJ rules for what a residential lease agreement is and my lease fulfills every requirement. The address is the same that's on my California issued drivers license, my DROS paperwork, as well the lease. Both my name is stated on all three of those same documents. Again no place where it states these items must be notarized.



                            Now I'm all confused...
                            Show this to your FFL. You shouldn't have to do homework for them, but now that you've done it, you might as well inform him.
                            LET'S GO SHARKS!
                            LET'S GO GIANTS!

                            "Clearly you spend way too much time in darkened rooms in front of your computer. Go outside once in a while and breathe before your brain starts to rot from all that stagnation and cognitive dysfunction. You couldn't get a clue during clue mating season in a field of clues if you dipped your body in musk and did the clue mating dance. Leave me alone with all of this nonsense and go shoot them for yourself."

                            Comment

                            • #15
                              dtm925
                              Senior Member
                              • Sep 2010
                              • 671

                              Are there any FFL's that can give me advise on what to do?? He said they'll charge me $25 to ship to another FFL. At this point in time I actually think that is a good idea being that it's going to cost me at the very minimum $50 in gas to and from to pick it up. If I did this would I have to do DROS all over again including another 10 day waiting period??

                              Comment

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