National Resident Address Status For FFL Transfers.

[arakboss]

I would argue he was completely wrong. Where you lay your head at night has no bearing on which state is your legal state of residence. Using an address acceptable for residency status does not make you a "resident" of that state in and of itself.

It appears that they don't care where your legal domicile or residency is. They want to know where you are actually physically residing when you purchase a firearm.

 

[Yarome]

If you read the instructions provided by @tdb59 it provides the answer. If I keep my home here and get a 2nd home in Idaho then I should list whatever home I am staying at when purchasing a firearm. Convincing the FFL to sell it to me might be another problem. But as you eluded to earlier that would be a policy issue with the FFL.

If your listed address doesnt match your state issued ID... or even the correct state... good luck with that.

 

[Member 18201]

It is illegal to hold more than one state issued ID...

wow

 

[Yarome]

It appears that they don't care where your legal domicile or residency is. They want to know where you are actually physically residing when you purchase a firearm.

If that were true then anyone from any state is allowed to purchase firearm in any state.... just use any old address that is "residency approved".

You can read it to mean what you want it to mean, but that's not how it actually works. You must provide a valid ID showing residency status within the state of purchase.

I hope it works for ya, but don't be shocked at the outcome.... Just sayin.

 

[arakboss]

If that were true then anyone from any state is allowed to purchase firearm in any state.... just use any old address that is "residency approved".

You can read it to mean what you want it to mean, but that's not how it actually works. You must provide a valid ID showing residency status within the state of purchase.

Does form 4473 list what they consider valid types of ID?

 

[Yarome]

Does form 4473 list what they consider valid types of ID?

Nope. But the alphabet has clear guides for FFL's on what types they can accept.

What form of identification must a licensee obtain from a transferee of a firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose...

www.atf.gov

So... a passport and a vehicle registration card might do... if the FFL is willing to accept it. Remembering that FFL guidelines are typically "may".. and not "shall". IE., They "may" release a firearm to the purchaser within "X" days of a BGC still in progress, but in practice... which FFL's "will"?

 

[arakboss]

Here is what you need to get an ID card in Idaho. No where does it say you have to give up any other State ID you may have.

To be eligible for a photo identification card in Idaho, you must be a legal resident of the state. There is no age limit for ID cards.

You must apply in person at an Idaho DMV office and you will likely need:

• Proof of your identity and age, such as your:
  • Passport.
  • Military ID card.
  • U.S. citizenship certificate.
• Proof of your Idaho residency(2 documents) such as your:
  • Utility bill.
  • Rental agreement.
  • Employment record.
• Proof of your legal presencein the U.S., such as your:
  • Foreign passport and I-94 print out.
  • U.S. citizenship certificate.
  • U.S. birth certificate.
• Proof of your name change(if applicable), such as your:
  • Court documents.
  • Marriage certificate.
  • Divorce decree.
• To provide your Social Security number (SSN) OR provide proof you are not eligible for one.
• To pay the required fee.

Source: https://www.dmv.org/id-idaho/id-cards.php

 

[Yarome]

Here is what you need to get an ID card in Idaho. No where does it say you have to give up any other State ID you may have.

See section 4

Section 49-301 – Idaho State Legislature

legislature.idaho.gov

Every state has a similar statute and I know there are fed regulations that prohibit possession of more than 1 state ID, but I'm too lazy to go look it up.

 

[arakboss]

See section 4

Section 49-301 – Idaho State Legislature

legislature.idaho.gov

You would want to get an ID card not a drivers license. That would prevent you from having to turn over your out of State DL.

 

[Yarome]

You would want to get an ID card not a drivers license. That would prevent you from having to turn over your out of State DL.

Doesn't work that way. You can't hold a DL and a State ID at the same time. Fed 6 CFR 37.29 prohibits possession of more than one state ID.

GovInfo

Official Publications from the U.S. Government Publishing Office.

www.govinfo.gov

[(1) A State must check with all other States to determine if the applicant currently holds a driver's license or REAL ID identification card in another State.

(2) If the State receives confirmation that the individual holds a driver's license in another State, or possesses a REAL ID identification card in another State, the receiving State must take measures to confirm that the person has terminated or is terminating the driver's license or REAL ID identification card issued by the prior State pursuant to State law, regulation or procedure.]

 

[arakboss]

Doesn't work that way. You can't hold a DL and a State ID at the same time. Fed 6 CFR 37.29 prohibits possession of more than one state ID.

GovInfo

Official Publications from the U.S. Government Publishing Office.

www.govinfo.gov

[(1) A State must check with all other States to determine if the applicant currently holds a driver's license or REAL ID identification card in another State.

(2) If the State receives confirmation that the individual holds a driver's license in another State, or possesses a REAL ID identification card in another State, the receiving State must take measures to confirm that the person has terminated or is terminating the driver's license or REAL ID identification card issued by the prior State pursuant to State law, regulation or procedure.]

I wonder if a Real ID card is the only ID card they give out in Idaho? I'd settle for an old school ID card since I wouldn't be trying to board a plane with it.

 

[ma96782]

Just saying but.......
It's funny that we spend so much time and effort to answer these sorts of legal questions.

Yet.....for some VOTERS?

Yeah......consider that one.

Aloha, Mark

 

[arakboss]

Checkmate:

The Idaho DMV offers a complete guide to REAL ID-compliant documents. If you're unable to provide the proofs specified, you'll receive a non-compliant license instead. You can also choose to apply for a non-compliant license—just remember, you'll need alternative identification in order to board an airplane and enter federal or military buildings.

 

[Yarome]

Checkmate:

The Idaho DMV offers a complete guide to REAL ID-compliant documents. If you're unable to provide the proofs specified, you'll receive a non-compliant license instead. You can also choose to apply for a non-compliant license—just remember, you'll need alternative identification in order to board an airplane and enter federal or military buildings.

I can assure you that you're not the first person to see/want the benefits of having residency status in more than one state, but I can also assure you that... if there was a way to do it... legally.... everyone would be doing it already. Or at least folks in the RV community.

A butt ton establish and maintain residency within just a few friendly states (typically never stepping foot within those states for years at a time)... and maintain homes and vehicles registered in other states... but no one has yet to crack the dual state ID holding part of it. And that dates back WELL before "real ID" was ever even a thing.

Non-complinant ID can help you do certain things, but is not generally accepted for legal purposes. Proof of ID on a federal document being one.

 

[arakboss]

I can assure you that you're not the first person to see/want the benefits of having residency status in more than one state, but I can also assure you that... if there was a way to do it... legally.... everyone would be doing it already. Or at least folks in the RV community.

A butt ton establish and maintian residency within just a few friendly states (typically never stepping foot within those states for years at a time)... and maintain homes and vehicles registered in other states... but no one has yet to crack the dual state ID holding part of it. And that dates back WELL before "real ID" was ever even a thing.

Non-complinant ID can help you do certain things, but is not generally accepted for legal purposes. Proof of ID on a federal document being one.

I purchased tons of guns without a REAL ID.

 

[Yarome]

I purchased tons of guns without a REAL ID.

I have too. As have multitudes of folks that still don't have real ID compliant ID's. It's not the "type" of state issued ID that's the issue. The prohibition is not limited to only "real ID" forms of identification... it applies to all.

That doesnt stop you from trying if you want. I just wouldn't get your hopes up.

You could always do a work around, like establishing a business in a particular state and let that entity do all the buying, but that comes with costs and drawbacks too so... YMMV.

 

[arakboss]

I have too. As have multitudes of folks that still don't have real ID compliant ID's. It's not the "type" of state issued ID that's the issue. The prohibition is not limited to only "real ID" forms of identification... it applies to all.

Based on the link you provided it appears to only apply to REAL ID and drivers licenses.

6 CFR 37.29 - Prohibition against holding more than one REAL ID card or more than one driver's license.

 

[Yarome]

Based on the link you provided it appears to only apply to REAL ID and drivers licenses.

6 CFR 37.29 - Prohibition against holding more than one REAL ID card or more than one driver's license.

That was the first that popped in a quick search, but shouldn't be taken as every applicable statute or law on the subject. I'm not going to spend that kind of time searching out the exact and all inclusive laws on the subject, but... I can assure you they exist. The bottom line.... it is legally prohibited for a person to be in possession of more than one state issued ID... which is the most widely accepted proof of residency for legal purposes.

It's not in my job description and I don't get paid enough around here.